1. Terms of Service
By accessing or using Patrimonio Claro’s Site and Services, you confirm that:
i. You are at least **18 years old** and legally capable of entering into a contract.
ii. You agree to comply with these Terms of Service, as well as all applicable **laws and regulations.
If you do not agree to these Terms of Service, do not use this website. All materials on this Site are protected under copyright and trademark laws.
As outlined in Section 9, by accepting these Terms of Service, you agree that any dispute arising from the use of Patrimonio Claro’s Materials and Services will be resolved through binding arbitration under the conditions specified below. Disputes will not be settled by any court, jury trial, or class action, except under applicable exceptions.
Definitions
• “Site” refers to www.PatrimonioClaro.com and any affiliated websites operated by Patrimonio Claro.
• “Services” include the Site, self-help documents, forms, templates, and all offerings provided by Patrimonio Claro.
• “Patrimonio Claro” refers to Patrimonio Claro Co., the owner and operator of www.PatrimonioClaro.com, along with its affiliates, including officers, directors, employees, consultants, agents, and representatives.
• “You” or “your” refers to each customer, visitor, or user of the Services.
If you are accessing the Services on behalf of a company, organization, or another individual:
i. “You” also includes that entity or individual.
ii. You represent and warrant that you have the authority to bind that entity or individual to these Terms of Service.
iii. You agree to these Terms of Service on their behalf.
2. Important Disclaimer
PATRIMONIO CLARO IS NOT A LAW FIRM, INVESTMENT ADVISORY FIRM, OR ACCOUNTING FIRM AND DOES NOT PROVIDE LEGAL, TAX, OR ACCOUNTING ADVICE. THE PLATFORM OFFERS SOFTWARE ACCESS AND SELF-HELP MATERIALS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. WHILE PATRIMONIO CLARO STRIVES TO ENSURE ITS AUTOMATED SERVICES REMAIN CURRENT AND ACCURATE, THEY ARE INTENDED SOLELY AS SELF-HELP FORMS AND DO NOT REPLACE PROFESSIONAL ADVICE FROM AN ATTORNEY, INVESTMENT ADVISOR, OR ACCOUNTANT.
NO ATTORNEY-CLIENT RELATIONSHIP OR ANY OTHER SPECIALIZED RELATIONSHIP IS ESTABLISHED BETWEEN YOU AND PATRIMONIO CLARO OR ITS AFFILIATES THROUGH THE USE OF ITS SERVICES. ANY COMMUNICATIONS WITH PATRIMONIO CLARO ARE PROTECTED UNDER ITS PRIVACY NOTICE, BUT ARE NOT COVERED BY ATTORNEY-CLIENT PRIVILEGE OR ATTORNEY WORK-PRODUCT PROTECTIONS. YOU SHOULD CONSULT YOUR OWN TAX, LEGAL, OR ACCOUNTING ADVISOR BEFORE PROCEEDING WITH ANY TRANSACTION.
Patrimonio Claro does not provide guidance, opinions, or advice regarding legal or tax implications, nor does it offer solutions for issues encountered while using its self-help documents and materials (the “Materials”). The platform does not review your documents for completeness, spelling, or consistency of details such as names and addresses. Additionally, Patrimonio Claro does not tailor legal, tax, or accounting expertise to your specific circumstances. Instead, it provides general information derived from publicly available statutes and case law. You acknowledge that this information is not specific to any individual situation and that Patrimonio Claro does not engage in the practice of law.
Patrimonio Claro makes every effort to keep its materials including descriptions, information, and help resources – accurate and up to date. However, these resources do not constitute personalized legal, tax, or accounting advice. Laws change frequently, vary by jurisdiction, and may be interpreted differently by courts. If you need guidance on how the law applies to your circumstances, or assistance in selecting the appropriate estate planning documents, you should consult a qualified professional. Likewise, if your legal concerns require specialized advice, a licensed attorney in your jurisdiction is best suited to assist you.
All materials on the Site are provided “as is.” Patrimonio Claro and its affiliates make no warranties – express or implied – and disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Documents created using Patrimonio Claro’s Services belong solely to you, and it is your responsibility to ensure they reflect your intentions and comply with applicable laws.
Furthermore, Patrimonio Claro and its partners make no representations regarding the accuracy, reliability, or outcomes of using the materials provided on the Site or on any linked websites. The above disclaimers do not apply to consumers in North Carolina where legal protections may differ.
3. Use License
By accessing Patrimonio Claro’s Services, you are granted a limited license, not an ownership transfer. Under this license, you may not:
• Modify or copy the Materials.
• Use the Materials for any commercial purpose or public display (commercial or non-commercial).
• Decompile, reverse engineer, or attempt to extract the software contained on Patrimonio Claro’s Site.
• Remove any copyright or proprietary notices from the Materials.
• Transfer the Materials to another person or mirror them on any other server.
This license automatically terminates if you breach these Terms of Service and may be revoked by Patrimonio Claro at any time.
Additionally, using the Services may require you to provide personal, confidential, or proprietary information related to a third party. By doing so, you represent and warrant that:
1. You have obtained all necessary rights and permissions from any third party to use the Services and authorize Patrimonio Claro to process such information.
2. Your use of third-party personal, confidential, or proprietary data does not and will not violate any privacy rights, intellectual property rights, or other legal protections.
4. Limitation of Liability
To the fullest extent permitted by law, Patrimonio Claro, its partner organizations, and suppliers shall not be liable for any damages – whether direct, punitive, incidental, or consequential – including but not limited to loss of data, profits, or business interruptions resulting from the use or inability to use the Materials on the Site. This applies even if Patrimonio Claro or an authorized representative, has been informed – verbally or in writing – of the potential for such damages.
This limitation does not apply to consumers in North Carolina. Additionally, certain jurisdictions may not allow restrictions on implied warranties or the exclusion of liability for consequential, punitive, or incidental damages, meaning some limitations may not apply to you.
5. Revisions and Corrections
The Materials on Patrimonio Claro’s Site may contain technical, typographical, or photographic errors. Patrimonio Claro makes no warranties regarding the accuracy, completeness, or currency of the content, nor does it guarantee compliance with laws specific to your jurisdiction.
Patrimonio Claro reserves the right to modify the Materials on www.patrimonioclaro.com at any time without prior notice but does not commit to updating or maintaining the accuracy of the content.
6. Links
Patrimonio Claro does not review or verify the content of third-party websites linked to its Site and assumes no responsibility for their accuracy or reliability. The inclusion of a link does not imply endorsement or affiliation. Users access linked websites at their own risk.
7. Modification of Terms of Service
Patrimonio Claro reserves the right to update or modify these Terms of Service at any time without prior notice. All changes will be reflected on this page and take effect immediately upon posting.
If significant updates are made, Patrimonio Claro will notify users via a banner on the Site or, for registered users, by email. By continuing to use Patrimonio Claro after changes are posted, you agree to the most current version of the Terms of Service. To stay informed, please check the last updated date at the top of this page.
8. Notification Procedures
Patrimonio Claro may send notifications as required by law or for marketing and business purposes via email or prominent postings on the Site, at its sole discretion.
Patrimonio Claro is not responsible for any automatic filtering applied to email notifications by your email provider or network settings. To ensure you receive important updates, check your email settings and spam filters regularly.
9. Dispute Resolution by Binding Arbitration
Please review this section carefully, as it outlines how disputes, claims, and controversies related to Patrimonio Claro’s Services will be resolved. If you require clarification, consider consulting independent legal counsel.
Negotiation and Arbitration Agreement
Patrimonio Claro strives to resolve disputes through negotiation. If a resolution cannot be reached, both parties agree to submit the dispute to binding arbitration under the terms outlined below (the “Arbitration Agreement”).
Arbitration is a less formal process than litigation, with no judge or jury. Instead, a neutral arbitrator makes a final decision (award), following a simplified discovery process with limited court review. Arbitration is generally faster, less expensive, and awards are typically not appealable.
Arbitration Process & Rules
• Binding Arbitration: Any dispute arising from these Terms of Service, Patrimonio Claro’s Site, or its Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA), following its Commercial Arbitration Rules and Consumer Arbitration Rules.
• Applicable Law: The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The United Nations Convention on Contracts does not apply.
• Arbitration Initiation: The party initiating arbitration must provide written notice to the other party, in accordance with AAA rules and forms. Notices must be sent to Patrimonio Claro Co., Attn: Legal Department.
• Selection of Arbitrator: Unless agreed otherwise, disputes will be heard by a single arbitrator chosen from AAA’s consumer dispute arbitrator roster. If the parties cannot agree on an arbitrator, AAA rules will govern the selection.
• Arbitration Venue: Arbitration hearings will be held in Dallas, Texas, under AAA’s standard in-person hearing procedures.
Arbitrator Limitations
To the maximum extent permitted by law, and consistent with these Terms of Service:
• The arbitrator cannot award punitive or non-monetary damages, unless required by statute.
• Consequential damages cannot be awarded.
• Arbitration awards are limited to monetary damages, with no injunctive relief or directives beyond payment obligations.
Class Action & Trial Waivers
Both parties waive the right to:
• A jury or bench trial in any court or tribunal.
• Participation in class action lawsuits, unless both parties **explicitly agree**.
• Consolidation of multiple claims in arbitration proceedings.
Arbitration Fees & Costs
Each party is responsible for its own arbitration-related fees per AAA’s rules. If a claim does not exceed $50,000 and is not deemed frivolous, Patrimonio Claro will cover all arbitration fees.
Final Arbitration Award
Arbitration awards:
• Are final, non-appealable, and limited to the parties involved.
• Do not impact third parties.
• Must include findings and conclusions.
• Align with these Terms of Service.
• Patrimonio Claro does not waive the right to recover attorney fees and expenses if it prevails.
Exceptions & Other Legal Rights
Both parties retain the right to:
• Seek injunctive or equitable relief in court for intellectual property violations.
• File disputes in small claims court if applicable.
Miscellaneous Arbitration Terms
This Arbitration Agreement remains effective even after termination of the Terms of Service. Unless legally required, neither party nor the arbitrator may disclose the existence, content, or results of arbitration without prior written consent.
10. Governing Law
Any claim, dispute, or controversy related to your use of Patrimonio Claro’s Site is subject to the Arbitration Agreement outlined in Section 10. If a judicial proceeding is required, the matter shall be governed by the laws of the State of Texas, excluding its conflict of law provisions.
Both you and Patrimonio Claro agree that the United Nations Convention on Contracts does not apply to this agreement.
By using Patrimonio Claro’s Site, you consent to personal jurisdiction in Texas for any disputes related to these Terms of Service. The exclusive venue for such disputes shall be the state and federal courts of Texas, except for North Carolina consumers, to whom this provision does not apply.
11. Consumer Satisfaction
Patrimonio Claro is committed to consumer satisfaction. If you encounter any issues or are dissatisfied with any aspect of your experience, please reach out to us at [email protected] for assistance.
