Thank you for taking the time to review our terms and conditions (“Terms”). These terms of use (“Terms of Use”) define and govern the relationship between Sunset Software, Inc. (“Sunset”, the “Company”, or “we” “our” “us”) and you, the person visiting our website, SunsetApp.com, (the “Site”) or using our phone app “Sunset” (the “App”) in a personal or professional capacity, and registering for our services (“you” “your”).

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You may only use the services (defined below) if you can form a binding contract with us and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms of Use on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. If you cannot confirm the foregoing, then you must not accept these Terms of Use and may not use the Site or Services.

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Sunset is always growing and changing, and we may amend these Terms of Use at any time by posting the revised Terms of Use on the Site. We may terminate these Terms of Use at any time by suspending or terminating access to the Site and/or Services and/or notifying you. Your continued use of the Site or Services after we have posted revised Terms of Use signifies your acceptance of such revised Terms of Use. No amendment or modification of these Terms of Use will be binding unless in writing and signed by our duly authorized representative or posted to the Site by our duly authorized representative.

Services

By using the Site, installing or using our App, estate executives, administrators, trustees or others in service of an estate, trust, or similar entity, including estates prior to, during, or after probate, are authorizing the software services provided by Sunset (the “Services”). In its current form, the Services allow you to provide information regarding an estate, charge the estate for use of the Services, and receive tools to help administer. We reserve the right to modify or change our Site or any of the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Site or any Services. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue the Site.

Agreement with Respect to Terms of Use

These Terms of Use constitute a legally binding agreement between Sunset and you. You are responsible for regularly reviewing these Terms of Use. You can review the most current version of the Terms of Use at any time at: http://sunsetapp.com/terms-of-use. You acknowledge that you have read these Terms of Use, and accept, understand and will be bound by such terms and conditions. You further acknowledge that these Terms, together with the Privacy Policy (as defined below) and terms governing any individual Web page, button or other verbiage in the Site or App, represent the complete and exclusive statement of the agreement between us and supersede any proposal or prior agreement oral or written, and any other communications between us relating to your access or use of the Services.

Power of Attorney

This legal agreement grants Sunset the power of attorney for the specified estate, authorizing them to act on behalf of the estate in various legal and financial matters. With this authority, Sunset assumes responsibilities such as managing assets, making financial decisions, and representing the estate's interests in legal proceedings. This document outlines the scope of authority granted to Sunset, the duration of the power of attorney, and any limitations or conditions imposed on their actions. Additionally, it may include provisions for compensation, liability, and the termination of the power of attorney arrangement. By accepting this agreement, the estate owner entrusts Sunset with the authority to handle important matters on their behalf, ensuring the efficient and lawful management of their affairs.

You hereby acknowledge and affirm that they have full legal capacity and authority to enter into this contract on behalf of the estate.

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Registration

The Site will allow you to provide certain contact information, including your name, address, etc. and the name and address and more regarding the estate (all such information collectively, your “Information”). We reserve the right to restrict certain areas of information on the Site to such registered users. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect such, we reserve the right to terminate your access to the Service. We are committed to your privacy, and our “Privacy Policy” (http://sunsetapp.com/privacy-policy), which is incorporated by reference herein and explains our privacy practices with respect to your personal information.

Use and Restrictions

Content

All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Site (collectively, “Content”) is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Content and the Site are owned by Sunset and/or its licensors and suppliers (which may include lessors, lessees, owners, sellers, buyers, agents, brokers, multiple listing services, builders, service providers, content providers, vendors and others) (collectively, “Licensors and Suppliers”). Subject to the limited rights to use the Site pursuant to these Terms of Use, we retain all right, title and interest in and to the Site including all related intellectual property contained therein. Except as expressly provided in these Terms of Use, you have no other rights in the Site or any Content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Content in any manner.

Proprietary Rights

Sunset is a trademark of Sunset Software, Inc. in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Sunset, Copyright © 2024 Sunset, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Links to Other Sites

As further described in our Privacy Policy, the Site contains links to other independent third-party web sites (in all cases “Linked Sites”). You should review applicable terms and policies, including privacy and data gathering practices, of third-party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Permitted Uses

Subject to these Terms of Use, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the user interface of the Site and Content in accordance with the Terms of Use, and for no other purpose. All rights, title and interest in and to the user interface and Content, on or through the Site shall belong to us or our Licensors and Suppliers, including all modifications thereof and enhancements thereto. The Content and user interface made available from, on or through the Site may not be copied, modified, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms of Use is solely for your personal use (but not for resale or redistribution) as a user of the Site and may not be used for any other purposes. You shall not reverse engineer, de-compile, or otherwise translate, in any way, the Content and user interface made available from, on or through the Site. You have no right or claim of right to the Content or any unique ideas found on the Site. No ownership rights are granted to you hereunder and no title is transferred hereby.

Prohibited Uses

You may not use the Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment. We reserve the right to take preventative or corrective actions to protect ourselves and our users. Your use of the Site is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Site and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Site, you may not:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Engage in, discuss or incite illegal activity, including fraud, identity theft, credit card theft, etc.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
• Use any robot, spider, scraper or other automated means to access the Site.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Post anything unrelated to our business, products or services.
• Post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions.

This list of prohibitions provides examples and is not complete or exclusive. Sunset reserves the right to terminate your access (or use the Services) with or without cause and with or without notice, for any reason or no reason, or for any action that Sunset determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. Sunset may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Sunset discretion, Sunset will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

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You agree to indemnify and hold its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Sunset or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.

Intellectual Property Infringement

Sunset respects the intellectual property rights of others, and we ask you to do the same. Sunset may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Sunset’s designated agent the following information:

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A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Sunset to locate the material. Information reasonably sufficient to permit Sunset to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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Sunset’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

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Sunset Software, Inc.

c/o Legal Department

7533 S Center View Ct, STE R
West Jordan, UT 84084

Legal@SunsetApp.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We respond to all valid notices of such infringement.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Sunset designated agent that includes all of the following information:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Sunset may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

Sunset reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.

Warranties, Disclaimers and Limitations of Liability

Your Warranties

You represent and warrant to Sunset that (a) all Information, that you provide to us is accurate and truthful, (b) you have the authority to share your Information with us and to grant us the right to use your Information as provided in these Terms of Use and Privacy Policy and (c) your acceptance and use of the Site pursuant to these Terms of Use does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound.

Disclaimer of Warranties

Your use of this Site and/or our services is at your own risk. The Content have not been verified or authenticated in whole or in part by Sunset, we try our best, but they may include inaccuracies or typographical or other errors. Sunset does not warrant the accuracy of timeliness of the Content contained on this Site. Sunset has no liability for any errors or omissions in the Content, whether provided by Sunset, our licensors or suppliers or other users.

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SUNSET, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SUNSET DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability

SUNSET SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUNSET BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF SUNSET KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL COMPANY’S LIABILITY EXCEED THE GREATER OF $100 OR THE AMOUNTS YOU PAY SUNSET FOR USE OF, OR IN CONNECTION WITH, THE SITE.

Indemnification

You will indemnify and hold Sunset harmless with respect to any suits or claims arising out of (i) your breach of these Terms of Use; (ii) your fraudulent or malicious use of the Site or your misuse or abuse of the Site and/or Services or (iii) your violation of applicable laws, rules or regulations in connection with your use of the Site.

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YOU AGREE TO INDEMNIFY AND HOLD SUNSET, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT SUBMITTED, USE OF THE SERVICES, OR OTHER RELATIONSHIP DEVELOPED BY YOU OR YOUR INTERACTION WITH THE TOOLS PROVIDE BY SUNSET AND/OR ITS THIRD PARTY AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials to Sunset, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Content, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and Sunset is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that Paintbrush is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Language

The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.

Interpretation

The Federal Arbitration Act, Utah state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in Salt Lake County in the State of Utah. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as otherwise specified in these Terms of Use, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Notices to us must be sent in writing to the following address:

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Sunset Software, Inc.

c/o Legal Department

7533 S Center View Ct, STE R
West Jordan, UT 84084

Legal@SunsetApp.com

Notices to you will be sent to the email address you provide to us, which addresses may be updated from time to time upon written notice to the other party. The Services, Content and derivatives thereof may be subject to laws and regulations of the United States and other jurisdictions. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms of Use (including your user registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

Term and Termination

The term of these Terms of Use will continue for as long as we allow you access to and use of the Site, and/or Services. Sections titled “Content,” “Warranties, Disclaimers and Limitations of Liability,” “Interpretation,” and “Indemnification,” and this Section shall survive any termination or expiration of these Terms of Use.

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(Please note that these policies do not cover our relationship with companies in which we’ve already partnered; the definitive legal documents govern those cases.)

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Questions? Contact us at Legal@SunsetApp.com.

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