Terms and Conditions for Trust & Will’s Trust Funding Service
These Terms and Conditions (“Terms”) apply to the Trust Funding Services and the relationship between you and Huge Legal Technology Company, Inc., a Delaware corporation doing business as Trust & Will (“Trust & Will”). By purchasing Trust Funding Services, you accept and agree to these Terms. Your acceptance of these Terms constitutes a legal agreement between you and Trust & Will regarding your use of the Trust Funding Services. This agreement is effective as of the date you accept these Terms by purchasing Trust Funding Services.
To the extent that any of these Terms conflict with any other Terms of Service, Privacy Policy, or Refund Policy, these Terms will control. Any other Terms of Service, Privacy Policy, Refund Policy, or other terms will continue to apply in addition to these Terms.
Trust & Will’s Role in the Trust Funding process
Scope of Services
The Trust Funding Services include fees and costs that are required to support the transfer of ownership of real property from you as an individual (or couple) into the name of your trust. The Trust Funding Services include transfer and recording of one (1) grant/special warranty deed. Specifically, this includes administrative fees charged by the third party deed service as well as fees assessed by the county recorder’s office wherein the property is located. Any additional deed transfers are subject to additional fees per deed.
Additional Fees
The Trust Funding Services Fee DOES NOT include any property tax, transfer tax reassessments or any other fees related to or resulting from the recording of the deed other than those recording fees paid at the time of recording. State and local fees, taxes, and other expenses are not included in the fee charged for Trust Funding Services, and will be billed to you separately based on your specific transaction.
Deed as a Third Party Product
DISCLAIMER OF LIABILITY FOR THIRD PARTY PRODUCTS AND SERVICES. As part of its Trust Funding Services, Trust & Will may provide third party access to software and services, in particular with regard to the deed transfer process. Trust & Will will facilitate the completion of third party forms through a deed transfer service to transfer your property deed into the name of your trust. We do this through third-parties who provide specific services related to deed transfers. TRUST & WILL DISCLAIMS ANY AND ALL LIABILITY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, FOR SUCH THIRD PARTY SERVICES. YOU, AS THE CUSTOMER, ACKNOWLEDGE THAT NO REPRESENTATION HAS BEEN MADE BY TRUST & WILL AS TO THE FITNESS OF THE THIRD PARTY SERVICES FOR THE INTENDED PURPOSE. TRUST AND WILL FURTHER DISCLAIMS ANY LIABILITY FOR THE SUCCESS OF YOUR DEED TRANSFER.
By using any services provided through a third party service, you acknowledge that your relationship with that third party service may be subject to separate terms and conditions, privacy policy, or other legal agreements between you and that third party and that Trust & Will is not a party to any such relationship. You also agree to receive transactional communications, including emails and phone calls from the third party deed transfer service. After Trust & Will initiates the deed transfer by inputting your information, it takes no further responsibility for the deed transfer process. Trust & Will makes no guarantee regarding the outcome of the initiated deed transfer, whether the appropriate type of deed is selected, and further disclaims any and all liability associated with the deed transfer.
Deed Transfer Limitations
The Trust Funding Services are limited to the transfer of real property into your trust instrument via a grant/special warranty deed. While Trust & Will can provide informational support regarding the general process of transferring other property (such as financial accounts) into your trust instrument, the Trust Funding Services do not include transfer or individual advice regarding any other type of asset.
By agreeing to these Terms, you acknowledge that the deed transfer process is designed for assets that you, the user, own and have the legal right to transfer. In the event that you own less than a 100% interest in the real property to be transferred, the deed transfer process is only designed to transfer what you own, and only where all parties who are legally required to consent to the transfer have in fact consented to such a transfer.
In the event that you own a home in joint tenancy with another person, you acknowledge and understand that the joint tenancy will be severed by the transfer of the real property into your trust. Trust & Will assumes no responsibility for the consequences of severing joint tenancy. By agreeing to these terms and using the services, you acknowledge that any right of survivorship that exists prior to the transfer under joint tenancy will be severed and extinguished.
Most insurance policies related to real estate (fire, casualty, liability, etc.) automatically cover property transferred to a Trust. However, Trust & Will cannot make any guarantees regarding the validity of your insurance policies as connected to your property deed(s). You should verify your insurance policies are unaffected prior to initiating the transfer of your real property to your trust. YOU BEAR ALL RESPONSIBILITY FOR ENSURING THE DEED TRANSFER PROCESS DOES NOT INVALIDATE ANY OF YOUR EXISTING INSURANCE POLICIES.
YOU BEAR FULL RESPONSIBILITY FOR THE FUNDING OF YOUR TRUST AND THE VALIDITY OF YOUR ESTATE PLANNING DOCUMENTS. TRUST & WILL IS NOT LIABLE FOR THE FAILURE TO PROPERLY TRANSFER ACCOUNTS, DEED, OR OTHER TRUST PROPERTY INTO THE TRUST.
Trust & Will reserves the right to augment or change the services from time to time.
Consent to Share Personal Information
By purchasing the Trust Funding Services, you consent to provide Trust & Will with your personal information. For circumstances where sensitive personal information is required as part of the Trust Funding Process, Trust & Will will obtain your consent to collect and share that information with third parties on your behalf at the point of data collection. Your Sensitive information is only used in the context of the deed transfer, and is not stored by Trust & Will. Trust & Will will NOT share your personal information without your consent to do so. Trust & Will will not communicate with any third party on your behalf without your direct consent.
Disclaimer
Trust & Will is not a law firm and does not provide any legal advice or representation. You understand that Trust & Will makes no recommendation regarding your specific legal scenario, nor do we customize the Trust Funding process to your specific needs.
Trust & Will cannot provide you with legal advice, or counsel you regarding the specific forms that you might need to complete the Trust Funding process, which type of deed you should use to transfer your property, or which assets to put into your Trust. Trust & Will’s role is to provide general information to enable you to make your own decisions regarding which assets to transfer into your trust. Our Services are not substitutes for the advice of an attorney and if you need legal advice for your specific matter, or if your matter is too complex to be addressed by our tools, you should consult a licensed attorney in your area. At no time is an attorney-client relationship or any other special relationship created between you and Trust & Will or any employee or other person associated with Trust & Will, and any information you provide us at any point in the Trust Funding process is not protected by attorney-client privilege or as work product. You are and will be representing yourself in any matter you undertake using the Trust Funding services.
Limitation of Liability
IN NO EVENT SHALL TRUST & WILL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE TRUST FUNDING SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUST & WILL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT IN RELATION TO TRUST FUNDING RELATED FORMS; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR TRUST FUNDING SERVICES; (III) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE TRUST FUNDING SERVICES;
TRUST & WILL EXPLICITLY DISCLAIMS ANY AND ALL LIABILITY AND/OR RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION THAT MAY BE DEEMED CONFIDENTIAL BY YOU OR ANY THIRD PARTY. IN NO EVENT SHALL TRUST & WILL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO TRUST & WILL HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TRUST & WILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
LIMITATION OF LIABILITY ON HEIRS, SUCCESSORS IN INTEREST
These terms and all of the rights and obligations described herein shall inure to the benefit of and be binding upon you and your respective heirs, successors and assigns. Any attempted assignment in violation of these terms shall be null and void.
Limited Guarantee
Our member success team will make every effort to help you navigate through the trust funding process, but there may be situations where Trust & Will cannot resolve a funding issue for you, or your situation is too complex for us to be able to help resolve without legal analysis. In those situations, it would be best for you to seek legal advice from an attorney in your jurisdiction.
Trust & Will Trust Funding services do not include confirmation of funding completion, nor do Trust Funding Services include validation that the funding process was completed properly. We recommend you independently track whether you have transferred certain assets into your trust.
User Responsibility for Integrity of Information
Trust & Will is not responsible for the integrity of the information contained within your estate planning documents, or additional information you may provide throughout the Trust Funding process. You bear ultimate responsibility for the accuracy of your information as represented in your Estate Planning and Trust Funding documents. Please review any and all information prior to its submission to a third party as part of the Trust Funding Process, and alert Trust & Will of any errors that require correction.
You are responsible for any costs, liabilities, actions, or expenses incurred as a result of not providing complete and accurate information.
It is entirely your responsibility, and your responsibility alone, to determine whether Trust & Will’s deed transfer service is suitable for your needs, and consistent with your estate plan and estate planning goals. This responsibility extends to ensuring that both the content and construction of the deed transfer documents are suitable for your intended property transfer, as well as suitable for your estate planning goals. Ensure that you verify the suitability, accuracy, and appropriateness of the language in your deed transfer documents, intake forms, and any other documentation throughout the deed transfer process. TRUST & WILL BEARS NO RESPONSIBILITY FOR THE ACCURACY OF INFORMATION INPUT BY THE USER, NOR IS TRUST & WILL RESPONSIBLE FOR ANY UNINTENDED OUTCOME OF THE DEED TRANSFER PROCESS RELATED TO INACCURATE INFORMATION UPLOADED OR INAPPROPRIATE USE BY THE USER, OR ANY LIABILITY ASSOCIATED WITH A USER WHO USES THE DEED TRANSFER SERVICE WHEN IT WAS OTHERWISE AN UNSUITABLE SERVICE FOR THE USER’S NEEDS.
Payment
Payment is due at the time you sign up for Trust Funding Services. Refunds will be issued as determined on a case by case basis.
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 or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Risk, Consent, Security
You provide us your data at your own risk and consent to share it with Trust & Will for the limited purpose of assisting you in the Trust Funding Process. You further consent to have your data processed in the United States.
Your participation and provision of information throughout the Trust Funding process implicates your consent to sharing that information with Trust & Will, and your consent for Trust & Will to share certain information with our third party deed transfer affiliates on your behalf.
We take measures to ensure the security of your information by using industry standard encryption and a secure file storage system.
Geography Trust Funding Services may be limited by jurisdiction and availability of Trust & Will products in certain geographic locations.
Complaints, Grievances, Dispute Resolution
You agree to seek resolution of any questions, complaints, grievances, or concerns by sending an email to hello@trustandwill.com. You also agree to settle any dispute, claim, or controversy with Trust & Will by binding arbitration, as provided in the Terms of Service.
