Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using the TrulyWill (“TW”) website (the "Site") or any TW applications or application plug-ins ("Applications"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer, Site visitor, or Application user, "we", "us" and "our" refer to TrulyWill and "Services" refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us at hello@trulywill.com.

YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.These

Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

TRULYWILL IS NOT A LAW FIRM AND DOES NOT GIVE LEGAL ADVICE
. Use of this site does not create an attorney-client relationship and is not a substitute for the advice of an attorney, tax advisor, financial planner, or any other professional. Any information submitted to or communicated with TW is subject to our Privacy Policy but is not protected by attorney-client privilege. Seeking or failing to seek advice from an attorney, tax advisor, financial planner, or any other professional regarding the forms and materials created by your use of the Site is solely your responsibility.

This site and any services, materials, or forms supplied by TW are provided for informational purposes only and are not a substitute for legal advice or legal representation. TW does not review your information or decisions to ensure compliance with the law of your jurisdiction. TW does not guarantee that any jurisdiction will accept or enforce your documents.

Because TW is not a law firm and cannot provide legal advice, we cannot answer any questions regarding making legal decisions and cannot advise you on such decisions. Any decisions you make when using this site are solely your responsibility and TW is not responsible or liable for any of these decisions. By using this Site and/or any services, materials, or forms provided by TW, you agree to waive any claims against TW for any loss or damage that may occur as a result of your decisions.

Any estate planning documents prepared by TW are prepared with the information provided by you to TW. You are solely responsible for ensuring the accuracy of the information you provide, maintaining up-to-date information in your account, and for reviewing the information and documents produced for accuracy and agreement with your intentions.

Any documents prepared by TW will not be valid unless and until you properly execute the documents, which may include signing the documents in front of a notary and/or witnesses. Failure to properly execute the documents may result in your documents being invalid and/or unenforceable in your jurisdiction. Failure to follow instructions provided by TW regarding executing your documents or finalizing your estate plan may result in your estate plan being invalid and/or unenforceable.

Different states and jurisdictions have varying laws regarding estate planning, guardianship, probate, estate taxes, etc., and laws are subject to change periodically. Therefore, if you have questions about the law of your jurisdiction, you should speak with an attorney in your jurisdiction. If you own property in a jurisdiction other than the one in which you live, you should speak with an attorney in that jurisdiction to ensure your documents will be enforceable in that jurisdiction. You must make your own decision regarding whether you need to speak with an attorney or other professional to seek advice on any matters addressed by this site. Furthermore, anyone you name as executor, trustee, guardian, agent, or any other position in your legal documents should consult with an attorney for advice on their rights and responsibilities.

1. Privacy Policy. TW respects your privacy and permits you to control the treatment of your personal information. TW’s Privacy Policy is expressly incorporated into this Agreement by reference. 

2. Ownership. This Site and Applications are owned and operated by TrulyWill. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by TW or by our respective third-party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by TW, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of TW’s intellectual property rights, whether by estoppel, implication or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. TW does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by TW. Any rights not expressly granted herein are reserved by TW. 

3. Limited Permission to Download. TW hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer (or, for Microsoft Agave users, one copy of the Application on up to five devices affiliated with your Marketplace Windows Live ID account) solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes. 

4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than TW (each a "Third-Party Site"). TW may now or in the future work with a number of partners and affiliates whose sites are linked with TW. TW may also provide links to other citations or resources with whom it is not affiliated. TW is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Site, any website accessed from a Third-Party Site or any changes or updates to such sites. TW makes no guarantees about the content or quality of the products or services provided by such sites. TW is not responsible for webcasting or any other form of transmission received from any Third-Party Site. TW is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TW of the Third-Party Site, nor does it imply that TW sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third-Party Site and agree that TW is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third-Party Site if you have any concerns regarding such links or the content located on any such Third-Party Site. 

5. License to Use. TW grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the "Forms") for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.

6.
Resale of Forms Prohibited. By ordering or downloading Forms, you agree that the Forms you purchase, or download may only be used by you for your personal use or used by you and may not be sold or redistributed without the express written consent of TW.

7. DISPUTE RESOLUTION BY BINDING ARBITRATION

Please read this carefully. It affects your rights.

Summary: Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care Center at hello@trulywill.com. In the unlikely event that TW is unable to resolve your complaint to your satisfaction (or if TW has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You may speak with independent counsel before using this Site or completing any purchase.  

8. Additional Terms. Some TW Services may be subject to additional posted guidelines, rules or terms of service ("Additional Terms") and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control. 

9. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TRULYWILL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TRULYWILL MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. TRULYWILL SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

10. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD TRULYWILL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF TRULYWILL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF TRULYWILL, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  

11. Compliance with Intellectual Property Laws. When accessing TW or using the TW legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit or that is provided or transmitted using your TrulyWill user account. TW reserves the right to immediately remove any content, article or materials that has infringed on the rights of TW or of a third-party or that violate intellectual property rights generally.  

12. Inappropriate Content. When accessing the Site, any Applications, or using TW's Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. TW reserves the right to terminate or delete such material from its servers. TW will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

13.
Personal Use. The site is made available for your personal use on your own behalf.

14. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.

15. Customers Needing Extra Assistance. TW aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the TW website, or otherwise have difficulties using the TW website, please call __________ for assistance.

16. Governing Law; Venue.  Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in paragraph 7 of these Terms of Use. 

17. Right to Refuse. You acknowledge that TW reserves the right to refuse service to anyone and to cancel user access at any time.

18. Acknowledgement. BY USING TRULYWILL SERVICES OR ACCESSING THE TRULYWILL SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Last Updated: March 19, 2022