Terms and Conditions for Attorney Consultation Plan
These Terms and Conditions (“Terms”) apply to the Attorney Consultation Plan (“Plan”) and the relationship between you and Huge Legal Technology Company, Inc., a Delaware corporation doing business as Trust & Will (“Trust & Will”) and located in San Diego CA. By subscribing to the Plan and becoming a subscribing member (“Member”), 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 Plan. This agreement is effective as of the date you accept these Terms by subscribing to the Plan.
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.
1. Membership and Term
Membership in the Plan (“Membership”) requires agreement to these Terms. The benefits of the Plan are available upon commencement of a Membership and extend through the termination of the Membership. A Membership commences upon the earlier of a) any consultation with a Participating Attorney or b) payment of the price for Membership. The price of Membership is $299. The Membership shall continue for a period of one year, and may automatically renew in accordance with annual subscription regulations. If you have specifically opted into a recurring membership, Trust & Will shall notify you at least 7-days prior to processing the annually recurring charge on your credit card related to your Attorney Support Membership.
If Membership commences without payment of the price for Membership, the Membership is an unpaid Membership. An unpaid Membership terminates upon the conclusion of any consultation with a Participating Attorney. An unpaid Membership may be converted into a paid Membership by payment of the price for Membership. A paid Membership terminates one year after the date of the payment of the price for Membership.
The form of an unpaid Membership is offered as a trial period to allow a potential Member to evaluate the suitability of the Plan before commencing a paid Membership. It is anticipated that a potential Member may commence an unpaid Membership to evaluate the Plan and then make payment to convert into or commence a paid Membership. If an unpaid Membership commences and is then converted into a paid Membership, the paid Membership will be subject to these Terms. The availability of an unpaid Membership is solely in the discretion of Trust & Will and Trust & Will may limit the benefits included in an unpaid membership and set limits on the use of benefits by any individual who has or has previously had an unpaid Membership without an active paid Membership.
Membership may be accepted or refused in the sole discretion of Trust & Will. Eligibility for Membership may be limited based on any factors, including state of residence, age, qualification to use and actual use of services or products offered by Trust & Will, or any other factors Trust & Will deems appropriate. Membership may be terminated upon any loss of eligibility or in the sole discretion of Trust & Will. Membership may not be transferred or assigned.
The price for Membership may be changed prospectively in the sole discretion of Trust & Will, but the price for Membership will remain unchanged during the term of a paid Membership. A Member may renew a Membership upon the termination of a paid Membership. The price for renewal of a Membership will be the price of Membership in effect at the time of renewal, subject to any discounts or offers that may be in place to reduce the price for renewal.
Membership is for one individual. However, two individuals may have a joint Membership if they have one account with Trust & Will creating documents for both individuals. If two individuals have a joint Membership, the two individuals may be treated as a single unit to receive benefits of Membership together, rather than each individual receiving benefits of Membership independently and separately from the other individual. Membership does not extend to dependents of any Member. The Plan shall be available to the Member for one year from the date of purchase (“Term”). After one year, the Membership shall either Terminate if the Member did not opt into an annually recurring subscription, or renew for a subsequent Term of one year if the Member has opted into an annually recurring subscription.
2. Benefits
The Plan is a legal service plan providing a Member with the ability to consult with a Participating Attorney to receive limited-scope legal services (“Covered Services”) related to certain issues and matters covered by the Plan (“Covered Matters”). A Member will not be responsible for the fees of Participating Attorney in providing Covered Services. There is no deductible or copayment for Covered Services related to Covered Matters.
The Plan also provides a Member with access to a support team to assist with non-legal questions, provide technical support, and serve as a general contact for questions about the Plan.
Trust & Will provides no legal services. Participating Attorneys are independent contractors who agree to provide legal services directly to a Member, subject to a services agreement between a Member and a Participating Attorney (“Services Agreement”). The Services Agreement will define the limited-scope representation of a Member by a Participating Attorney. The limited-scope representation is intended to be ancillary to and in support of Member’s efforts to create certain estate planning documents, including efforts to use self-help services offered by Trust & Will. A conflict check may apply as a precondition to the attorney-client relationship between a Member and a Participating Attorney.
Participating Attorneys are solely responsible for the legal advice and guidance provided to a Member and Trust & Will makes no representations or guarantees regarding any such legal advice or guidance.
3. Covered Services
Member benefits under the Plan may include the following, as specified in Services Agreement:
A. Attorney Consultations:
A Member may have consultations with a Participating Attorney to discuss Covered Matters. Consultations may be telephone consultations that are scheduled with a Participating Attorney for a predetermined duration. Consultations may also include written communications by email or chat between a Member and a Participating Attorney. All consultations will be subject to the Services Agreement between a Member and a Participating Attorney. Issues discussed during a consultation will be limited to Covered Matters and will be subject to the Services Agreement between a Member and a Participating Attorney.
B. Review of Documents:
A Member may have a Participating Attorney review estate planning documents the Member has created through Trust & Will. This review is designed to answer questions a Member may have about the creation of the documents, the use of the documents, or the appropriateness of the documents for the Member’s needs. Any review of documents will be subject to the Services Agreement between a Member and a Participating Attorney and any issues discussed related to a review of documents will be limited to Covered Matters and will be subject to the Services Agreement between a Member and a Participating Attorney.
Documents eligible for this review will include any documents the Member has created through their Trust & Will account. A review of documents is not available for any other documents, such as documents the Member has not yet completed or other documents offered by Trust & Will in other product tiers or plans.
4. Covered Matters
Covered Matters include issues related to a Member’s efforts to create certain estate planning documents through Trust & Will. Member should take notice of important disclaimer regarding the licensure of the Participating Attorney in Section 9D of this Agreement, if Member is a resident of any of the following states: Illinois, Georgia, Virginia, Washington, Massachusetts, Missouri, Maryland, Wisconsin, Alabama, Louisiana, Oregon, Utah, Iowa, Nebraska, West Virginia, New Hampshire, Maine, Montana, Rhode Island, Delaware, South Dakota, North Dakota, Alaska, Vermont, Arizona, and Colorado.
Covered Matters include:
General and specific guidance regarding the documents a Member creates through Trust & Will, including guidance regarding the structure and operation of those documents;
General and specific guidance regarding the function of various estate planning documents and the relative advantages and disadvantages of various estate planning documents, including Wills and Trusts;
General guidance regarding estate and gift tax concerns raised by a Member regarding a Member’s estate plan;
General and specific guidance regarding the roles and duties of fiduciaries named in estate planning documents, including executors, guardians, trustees, agents for healthcare, and agents under powers of attorney;
General information about the coordination of beneficiary designations with a Member’s estate plan;
General and specific guidance regarding the requirements to create legally valid documents, including execution and notarization requirements; and
General information about the transfer of assets into a trust and the trust funding process.
Covered Matters do not include:
Specific analysis or advice regarding federal, state, or local tax consequences applicable to a Member;
Advising regarding asset protection, creditor protection, or liability protection structures;
Advising on prenuptial, postnuptial, marital separation, or divorce agreements or analysis of the characterization of property as community property or separate property;
Preparation of any documentation, including documentation to effectuate an estate plan, coordinate beneficiary designations, or transfer assets into a trust;
Advising beneficiaries or fiduciaries named in an estate plan of their rights or duties;
Advising on the administration or implementation of an estate plan after creation;
Advising on or analysis of estate planning documents not created by a Member through Trust & Will;
Advising on ancillary issues that may be related to an estate plan or estate planning;
Advising on business issues, including business structures, choice of entities, business operations, or business succession planning; and
Advising on any issues related to actual or potential litigation or contests of any type, including related to any estate planning documents.
5. Exclusions
The following items and matters are excluded from the Plan and are not included as benefits of Membership:
Any actions, disputes, or issues that may result in a conflict of interest between Members, between joint Members, between a Participating Attorney and one or more Members, or between Trust & Will and one or more Members;
Any actions or disputes directly or indirectly involving Trust & Will, its affiliate, directors, officers, agents, contractors, or employees;
Any commercial, business, or non-personal use of the Plan; and
Any matters not involving the laws of the United States and of jurisdictions where the Plan is offered.
6. Intake Procedures
To be eligible to receive the benefits of the Plan, a Member must utilize the intake procedures specified in this section.
A Member will schedule an appointment for a consultation with a Participating Attorney through the Member’s Trust & Will account. After the Member has scheduled the appointment with the Participating Attorney, the Member will receive the Services Agreement between the Member and a Participating Attorney. The Member will need to sign the Services Agreement to confirm the appointment. The Services Agreement and the scheduled appointment are each subject to the Member clearing all necessary conflict checks and signing any other agreement regarding the services to be provided by the Participating Attorney to the Member.
Trust & Will will provide the Participating Attorney with the name and contact information of the Member to allow the Participating Attorney to complete any necessary conflict checks. Trust & Will will also provide the Participating Attorney with information the Member has provided about the issues the Member wishes to discuss with the Participating Attorney.
The Member may be provided an opportunity to communicate with a Participating attorney in writing, including by email or chat, in lieu of a telephone consultation. The ability to communicate in writing may not be available in all cases and will be subject to Member clearing all necessary conflict checks, signing an agreement regarding the Covered Services to be provided to Member by a Participating Attorney, and signing any Services Agreement. A Participating Attorney may respond in writing, including by email or chat.
7. Consent to Disclose Information
Trust & Will may transfer, share, or give access to information about Member to a Participating Attorney and related third parties to provide benefits under the Plan. The information shared may include information about you that can be used to contact or identify you, information that you input on our site, and information on your use of and activities at our web site that may be connected with you (“Personal Information”). The information shared may also include the documents you generate through Trust & Will and your contact information.
Member acknowledges and expressly consents to this disclosure of information.
8. Additional Provisions
A. General Practices:
Trust & Will may establish general procedures and practices regarding the Plan, including general procedures and practices regarding the intake procedures and appointment scheduling. Trust & Will may update or change these general procedures and practices at any time, in its sole discretion, with or without notice. You have the right to cancel your Membership if Trust & Will materially decreases the benefits covered by the Plan. These Terms constitute the Plan and no change in the Plan will be valid unless and until the change has been approved by an executive offer of Trust & Will and unless and until the approval is endorsed or attached to these Terms. No other individuals have authority to change these Terms or to waive any of its provisions.
B. Misuse of Plan:
The Member is solely responsible for any liabilities, actions, or expenses incurred through the use of a Plan. This includes any fraudulent, unauthorized, or illegal use of a Plan. The Member will promptly notify Trust & Will of any known or suspected breach of security or other unauthorized or illegal activity related to the use of the Plan.
C. Complete and Accurate Information:
Member is responsible for providing complete and accurate information in connection with the Plan, including information provided on Member’s Trust & Will account, provided to the support team, and provided to a Participating Attorney. Member is responsible for any costs, liabilities, actions, or expenses incurred as a result of Member not providing complete and accurate information.
D. Individual Agreement:
The Member enters this Agreement and agrees to these Terms in the individual capacity of the Member. The Plan is not offered to any business, company, trust, estate, or other legal entity. Only a natural person (or persons in the case of joint Members) may be Members.
E. Not Insurance:
The Plan is not a contract of insurance or an indemnification insurance plan. The Plan is not regulated as insurance. Trust & Will is not an insurance company and does not guarantee coverage or legal representation in every situation. The Plan provides access to legal services from Participating Attorneys who may receive compensation from Trust & Will pursuant to a separate agreement between Trust & Will and a Participating Attorney. Trust & Will does not reimburse or indemnify any Member or pay Participating Attorneys for attorney fees or expenses.
F. Payment, Termination by Member:
A Member may terminate a Membership by providing Trust & Will written notice of the intention to terminate the Membership no later than seven days after receipt of these Terms and commencement of a Membership. Termination of a Membership by a Member will cancel the Membership and eligibility for benefits of the Plan. Except as provided in this section, any payment for the Plan is not refundable.
Within seven days from payment, a refund is available only if a Member has not sought any legal services from any Participating Attorney. After seven days from payment, a refund will not be available, regardless of any use or non-use of the Plan or any benefits under the Plan. Refunds will not be available after a Member has sought any legal services from any Participating Attorney. Refunds will not be available due to a Member’s failure to complete the intake procedure or sign a Services Agreement with a Participating Attorney, due to any legal services provided by a Participating Attorney, or due to a Member having questions or needs that exceed the Covered Services of Covered Matters. A refund of a payment for the Plan may be available if it is impossible for Trust & Will to provide the Plan and benefits of the Plan to a Member, such as the inability of any Participating Attorney to engage in a limited-scope representation due to conflicts of other restrictions.
G. Complaints, Grievances, and Dispute Resolution:
Member agrees to seek resolution of any questions, complaints, grievances, or concerns by sending an email to hello@trustandwill.com. Member agrees to settle any dispute, claim, or controversy with Trust & Will by binding arbitration, as provided in the Terms of Service of TrustandWill.com
Member acknowledges that any dispute, claim, or controversy with a Participating Attorney may be governed by dispute resolution provisions in the Services Agreement or other agreement between the Member and the Participating Attorney.
H. Independence of Participating Attorneys:
Participating Attorneys are not agents or employees of Trust & Will. Participating Attorneys are solely responsible for the limited-scope attorney-client relationship between a Member and the Participating Attorney. Participating Attorneys are solely responsible for all legal services provided to a Member.
Participating Attorneys retain all rights to make independent professional judgments and Trust & Will will not influence or attempt to affect the rendering of legal services by a Participating Attorney or the relationship between the Participating Attorney and the Member. Participating Attorneys reserve all rights to refuse service or decline to commence an attorney-client relationship with anyone.
I. Independent Counsel:
Member retains the right to retain an unaffiliated attorney at Member’s own expense. Any services provided by an unaffiliated attorney will not be covered by the Plan and Trust & Will has no obligation to pay for any such services or provide any reimbursement for such services.
J. Circular 230 Disclosure:
To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in any communication from Trust & Will or from a Participating Attorney Firm is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any matters addressed therein.
9. Additional Notices
A. Notice to Texas Residents:
The Plan is a legal service contract offered, provided, and administered by Trust & Will. These Terms constitute the legal service contract and you are the legal service contract holder. There is a 31-day grace period for renewal of a Membership after the end of the Membership term. Trust & Will shall honor a 7-day full refund period, so long as the Member does not have a consultation with the plan Attorney prior to the request for refund, in conformance with Texas law.
B. Notice to New York Residents:
The price of Membership covers the cost of rendition plus a reasonable overhead for all Covered Services provided as benefits of the Plan. Services not covered as a benefit of the Plan may have additional costs associated, including fees to cover the cost of rendition plus a reasonable overhead. Such additional services and additional costs are not covered by the Plan or these terms and must be covered by a separate agreement between the Member and the attorney providing such services.
C. Notice to Indiana Residents:
Trust & Will shall provide for an advisory group of members of the Indiana Bar and members of the plan. The advisory group shall meet periodically to evaluate the operation of this plan. You will receive an e-mail notification asking for your voluntary participation in this advisory group. Participation is not mandatory.
This plan satisfies the conditions set forth under Indiana Rules for Admission to the Bar and the Discipline of Attorneys Rule 26. However, that shall in no way be construed as an approval of such plan by the Supreme Court of Indiana.
D. Notice to Residents of the following states: Illinois, Georgia, Virginia, Virginia, Washington, Massachusetts, Missouri, Maryland, Wisconsin, Alabama, Louisiana, Oregon, Utah, Iowa, Nebraska, West Virginia, New Hampshire, Maine, Montana, Rhode Island, Delaware, South Dakota, North Dakota, Alaska, and Vermont
The legal services described herein shall be delivered by a Participating Attorney licensed to practice in the state of California, in accordance with the American Bar Association Rule 5.5. The Participating Attorney shall have the necessary knowledge and expertise to provide the Covered Services but shall not be available for representation outside the Covered Matters as described in this Agreement. The Participating Attorney shall provide you with general legal advice as it pertains to your situation, so long as the legal services provided are within the Covered Services as defined in this Agreement and the Services Agreement. Should you need representation related to an issue that is outside the Covered Services and specific to your jurisdiction, you must seek the counsel of an attorney licensed to practice in your jurisdiction.
Date: April 18, 2024
