Effective Date: November 24, 2024

Welcome to LifeBinder®! These Terms and Conditions ("Terms") govern your use of LifeBinder®, a digital software product owned by B3 Solutions, LLC ("Company," "we," "us," or "our"). By accessing or using LifeBinder®, you agree to be bound by these Terms. If you do not agree, do not use LifeBinder®.  

Summary of Terms:  These Terms outline the conditions for using LifeBinder®, including eligibility, account responsibilities, subscription terms, and data privacy protections. LifeBinder® is designed for users to store important and sensitive information in their digital binder. Please note that these Terms may be updated by us at any time, and continued use of the platform constitutes acceptance of the updated Terms. Key provisions include subscription terms, acceptable use policies, and an Arbitration Clause that requires disputes to be resolved through arbitration instead of court proceedings.

1. Eligibility

1.1 To use LifeBinder®, you must:

• Be at least 18 years old (or the legal age of majority in your jurisdiction).

• Have the legal capacity to enter into a binding agreement.

• Comply with these Terms and all applicable laws, rules, and regulations.

1.2 We reserve the right to suspend or terminate access to LifeBinder® at our sole discretion, including in cases where eligibility criteria are violated or misuse is detected.

2. Account Registration and Responsibilities

2.1 Accurate Registration Information:  By creating an account to use LifeBinder®, you agree to:

• Provide accurate and complete information during registration.

• Keep the email address associated with your account accurate and up to date, as this is our primary method of contacting you regarding your account and the Services.

2.2 Account Security:  You are responsible for keeping your login credentials confidential and secure. You must never publish, distribute, or post your account login information. Notify us immediately of any unauthorized access, suspected security breaches, or changes in your eligibility to use LifeBinder®.

2.3 Prohibited Activities

• You must not intentionally impersonate another person by using their name or email address.

• You must not use an email address for which you do not have proper authorization.

• You are prohibited from using another person’s account or registration information without their explicit permission.

2.4 Account Termination or Deletion:  If you wish to delete your account, please contact our support team at [Insert Contact Email]. Upon request, we will delete your account and associated data in accordance with applicable legal requirements.

2.5 Data Retention After Termination:  If your account is terminated for any reason, we reserve the right to retain certain account data for a limited time as necessary to comply with legal or regulatory obligations.

2.6 Permissions for Stored Information:  As an end-user, you agree to store only information in your LifeBinder® that you have the legal right to access, use, and store. This includes, but is not limited to:

• Personal Information: Your own personal data, such as financial, medical, or identification records.

• Family Member or Third-Party Data: The personal data or sensitive information of family members or other individuals, provided that you have their explicit consent to store, access, or share this information.

By storing such information in your LifeBinder®, you represent and warrant that:

• You have obtained all necessary permissions or legal authority to store and use the information.

• You will comply with all applicable privacy and data protection laws in managing this information.

LifeBinder® reserves the right to terminate or suspend accounts found to be in violation of this provision.

3. LifeBinder® Versions

3.1 LifeBinder® is available in the following versions:

• Retail Version: Purchased for personal use, with full control of all data retained by the user.

• Professional Advisor Version: Offered by financial advisors or professional service providers, with no access to the user’s account unless explicitly authorized by the user.

• Sponsored Company Version: Provided by organizations or employers, with the user retaining control of all stored information.

3.2 If you received LifeBinder® from a Professional Advisor or Subscriber Company, you acknowledge and agree that:

• The professional advisor or subscriber company has a direct relationship with B3 Solutions, LLC regarding the provision of LifeBinder®.

• Any support, billing inquiries, or account-related issues must first be directed to the advisor or subscriber company.

• These Terms govern your use of LifeBinder®, irrespective of the third party providing access.

4. Subscription and Payment Terms

4.1 Lifetime Access: "Lifetime access" refers to the period during which LifeBinder® is offered by B3 Solutions, LLC. We reserve the right to discontinue or modify LifeBinder® at any time without liability.

4.2 Payment Terms:

• If you purchase LifeBinder® directly, all fees are non-refundable unless otherwise required by law. Fees may be subject to taxes, which you are responsible for paying.

• If LifeBinder® is provided to you by a third party (e.g., professional advisor or subscriber company), they are responsible for payment to B3 Solutions, LLC, and you are not charged directly by us.

4.3 Discontinuation or Downgrade: In the event of discontinuation or significant changes to LifeBinder®, we will provide all users with at least 30 days’ notice.  During this period, users will have the ability to download any documents they have uploaded and print information stored in their LifeBinder® Tabs.

4.4 Additional Terms for End-Users with Third-Party Access

• If you received LifeBinder® through a sponsor company or professional advisor, your access may be discontinued or downgraded based on our agreement with the third party providing the access.

• In such cases, we will provide you with at least 30 days’ notice before discontinuing or downgrading your access.

• During this notice period, you will be able to download any documents you have uploaded and print the information stored in your LifeBinder® Tabs. Additionally, you will have the option to convert your account to a retail version under the pricing and terms applicable at that time.

5. Privacy and Data Security

5.1 We are committed to protecting your data. By using LifeBinder®, you agree to our collection, storage, and use of your data as outlined in our Privacy Policy [Insert Link].

5.2 Data Encryption and Security Measures:

• Your data is encrypted in transit and at rest using industry-standard protocols.

• LifeBinder® employs multi-layered security measures, including firewalls, intrusion detection, and regular vulnerability assessments.

5.3 No system is entirely secure. By using LifeBinder®, you acknowledge that data breaches, hacking, or unauthorized access, though unlikely, are risks inherent in online systems.

6. Sharing and Receiving Shared Information 

6.1 Sharing Features: LifeBinder® allows users to share specific Tabs or documents with others:

• Tabs are shared by sending an email invite from within the LifeBinder® platform.

• Documents are shared by generating a secure link that is sent via email. The recipient may use the link to download the document, and the link remains active for 30 days.

6.2 Responsibilities of the Sharing User:  If you share Tabs or documents through LifeBinder®, you agree to:

• Think Before Sharing: Carefully consider the sensitivity of the information you are sharing and the trustworthiness of the recipient.

• Obtain Consent Before Sharing: You will not share any information that belongs to another person without their explicit consent.

• Understand the Consequences: Once a recipient views a shared Tab or downloads a shared document, LifeBinder® has no control over how the recipient uses or secures that information. You are solely responsible for ensuring that the recipient handles the information appropriately.

6.3 Responsibilities of the Recipient: If you receive Tabs or documents shared through LifeBinder®, you agree to:

• Handle the shared information with care, respecting the confidentiality and sensitivity of the data.

• Use the shared information only for its intended purpose, as permitted by the sharing user.

• Refrain from sharing the information with unauthorized third parties without the explicit consent of the sharing user.

6.4 Account Creation for Viewing Shared Tabs: If you are invited to view a shared Tab and do not already have a LifeBinder® account, you must create an account to access the shared content. By creating an account, you agree to:

• Be bound by these Terms and Conditions, including limitations on your rights as a free account holder.

• Acknowledge that your access is limited to viewing the specific shared content and does not grant you the rights of a paid retail user or an end-user provided access through a professional advisor or sponsor company.

6.5 Limitations of Liability: LifeBinder® is not liable for any unauthorized access, misuse, or further sharing of Tabs or documents by recipients. Users are responsible for ensuring that they share information only with trusted parties.

6.6 LifeBinder® allows users to share specific Tabs or documents with others. By using these features, you agree that:

• Shared data is provided on a view-only basis unless explicitly downloaded by the recipient.

• You are solely responsible for managing permissions and ensuring compliance with any laws related to the information shared.

6.7 We are not liable for any unauthorized use or disclosure by recipients of shared content.

7. Account Recovery for Incapacity or Death

7.1 To recover an account if the user becomes incapacitated or deceased, an authorized individual must submit documentation to B3 Solutions, LLC, including:

• Incapacity: A valid, notarized power of attorney specific to digital account management.

• Death: A probate court order, letters of administration, or other legal documentation.

7.2 We reserve the right to verify all submitted documents and may require additional legal certification to comply with applicable laws.

8. Intellectual Property

8.1 LifeBinder®, including all software, designs, and content, is the exclusive property of B3 Solutions, LLC. By using LifeBinder®, you are granted a limited, revocable, non-transferable license to access and use the Service for personal, non-commercial purposes.

8.2 You may not:

• Copy, modify, or distribute LifeBinder®’s code or content without explicit permission.

• Remove or alter any copyright, trademark, or other proprietary notices.

• Use LifeBinder® in any way that infringes on the intellectual property rights of B3 Solutions, LLC or third parties.

9. Trademark Notice

9.1 LifeBinder® and the LifeBinder logo are registered trademarks of B3 Solutions, LLC. Unauthorized use of these trademarks, including but not limited to use in domain names, advertising, or promotional materials, is strictly prohibited without our prior written consent.

9.2 All other trademarks, service marks, logos, and trade names appearing on the LifeBinder® platform are the property of their respective owners. Use of such marks without the owner's authorization is also prohibited.

9.3 If you believe any unauthorized use of our trademarks is occurring, please contact us immediately at support@lifebinder.com.

10. Acceptable Use Policy

10.1 When using LifeBinder®, you agree not to:

• Violate any local, state, national, or international laws or regulations.

• Infringe on the intellectual property or privacy rights of others.

• Use LifeBinder® to distribute spam, malware, or other harmful content.

• Attempt to gain unauthorized access to LifeBinder®, its systems, or other users' accounts.

• Reverse-engineer, modify, or otherwise tamper with LifeBinder®’s software or underlying code.

10.2 Violations of this policy may result in immediate suspension or termination of your account.

11. Disclaimer of Warranties

11.1. LifeBinder® is provided "as is" and "as available." We disclaim all warranties, express or implied, including but not limited to: 

a. Merchantability or fitness for a particular purpose;

b. Non-infringement of third-party rights; 

c. Freedom from bugs, viruses, or interruptions.

11.2. You agree that your use of LifeBinder® is at your own risk.

12. Limitation of Liability

12.1. To the fullest extent permitted by law, B3 Solutions, LLC is not liable for: 

a. Indirect, incidental, or consequential damages, including loss of data, revenue, or profits; b. Unauthorized access to or alteration of your data; 

c. Events beyond our reasonable control, including cyberattacks, outages, or natural disasters.

12.2. In any case, our total liability is capped at the greater of $500 or the amount you paid for LifeBinder® in the past 12 months.

13. Dispute Resolution

13.1. Governing Law: These Terms are governed by the laws of North Carolina, excluding its conflict of laws principles.

13.2. Arbitration Clause: Any disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). Arbitration will occur in North Carolina and be conducted in English.

13.3. Waiver of Class Actions: You agree to resolve disputes individually and waive any right to participate in a class action lawsuit.

14. Modifications to Terms

14.1. We may modify these Terms at any time. Changes will be communicated via email or through the Service. Continued use of LifeBinder® after changes are effective constitutes acceptance of the updated Terms.

15. Miscellaneous

15.1. Force Majeure: We are not liable for delays or failures caused by events beyond our control.

15.2. Severability: If any part of these Terms is found invalid, the remaining provisions remain enforceable.

15.3. Assignment: You may not assign your rights under these Terms without prior consent.

16. Contact Information

For questions or concerns, please contact us:

B3 Solutions, LLC

Charlotte, North Carolina USA

Email: support@lifebinder.com