Terms of Service

Last update posted: October 4, 2024

Effective Date:
- For individuals new to Trust & Will on or after October 8, 2024: Immediately
- All other individuals: November 8, 2024, unless you take some action to accept these Terms of Service before that day — such as registering a new account — in which case the Effective Date will be the day you take that action.

THIS AGREEMENT INCLUDES MANDATORY ARBITRATION, CLASS ACTION WAIVER, AND JURY WAIVER PROVISIONS. BY USING THE TRUST & WILL SERVICES, YOU AGREE TO THESE PROVISIONS, WHICH APPEAR IN SECTION 22 OF THESE TERMS.

By using Trust & Will’s website, products, and services, you acknowledge that you have read and agree to be bound to these Terms of Service. By agreeing to these Terms of Service, you further agree to be bound by all laws and regulations, including the requirement to arbitrate any disputes you have regarding our site and services. Please do not use this website if you do not agree with the Terms of Service. The materials contained in this web site are protected by applicable copyright and trademark law.

The following definitions apply in these Terms of Service:

– “Site” refers to any web site made available by Trust & Will.

– “Services” refers to the Site and all services, self-help documents, forms, and templates provided by Trust & Will.

– “Trust & Will”, “T&W”, “we”, “us" and “our” refer to Huge Legal Technology Company, Inc. (the owner and operator of www.trustandwill.com) and our agents (including officers, directors, employees, consultants, and representatives).

– “You," “your,” and “User” refer to each customer, visitor to the Site or user of any Services. If you access or use the Services on behalf of a company, organization, or other entity, then ( a ) “you” and “your” also refers to that entity, ( b ) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and ( c ) you agree to these Terms of Service on the entity’s behalf.

– “Member” refers specifically to Users who have created a Trust & Will account associated with a particular User’s email address.

– “Affiliate Services” refers to third party services or businesses that may promote or direct Users to the Trust & Will Site and Services.

– “Affiliate” means corporations or individuals with a contractual relationship with Trust & Will to promote its services as ancillary to the Affiliate’s business offerings, and other third parties who otherwise direct potential Users to the Site and Services.

If you are a Probate customer, these Terms apply, along with the Probate Plan Terms and Conditions . Your use of any of Site or Services is governed by these general Terms of Service, and any additional terms that apply to your specific use of the Site or Services.

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

If we modify these Terms of Service, we will post the modification on the Site and provide notice to you of any material change. We will also update the “Last Updated” date at the top of these Terms of Service. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services. If at any time you find these Terms of Service unacceptable or if you do not agree to these Terms of Service, please do not access the Services.

Your use of our site, your use of any Services we offer, and our offering of any Services to you may also be subject to additional terms or policies, including our Privacy Policy and any additional terms and conditions that apply to the specific service you use, purchase, or interact with. By using any of our Services, you acknowledge that you have read and agreed to be bound by the corresponding additional terms and policies in addition to these Terms of Service.

TRUST & WILL IS NOT A LAW FIRM, AND DOES NOT PROVIDE LEGAL ADVICE. WHILE TRUST & WILL STRIVES TO ENSURE THAT ITS AUTOMATED SERVICES ARE COMPLETE, THEY ARE INTENDED FOR USE AS SELF-HELP FORMS. THE MATERIALS AND SERVICES ARE NOT SUBSTITUTES FOR THE ADVICE OF AN ATTORNEY.

NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH THE USE OF TRUST & WILL. ANY AND ALL COMMUNICATIONS BETWEEN YOU AND TRUST & WILL ARE PROTECTED BY OUR PRIVACY POLICY BUT NOT BY ATTORNEY-CLIENT PRIVILEGE.

Trust & Will is not a law firm and does not provide any legal advice. As part of our Services, we offer self-help, "fill in the blank" forms. If you buy or download a form on the Site, the Terms of Service control. You understand that your purchase, download, and/or use of a form document is neither legal advice nor the practice of law. 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 is not protected by attorney-client privilege or as attorney work product. You are and will be representing yourself in any matter you undertake using the Services.

We provide online tools and materials to assist you with the preparation, execution and storage of your own legal documents and related information. We strive to keep the documents and other materials available through the Services, including any descriptions, information and other self-help resources (collectively, the "Document Materials") current and up-to-date; however, they are not legal advice and are not guaranteed to be correct, complete or up-to-date. The law changes rapidly and is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind we provide can fit every circumstance. We do not review the Document Materials or any information you input for accuracy or legal sufficiency, nor do we draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. You understand that our providing of the Services to you is neither legal advice nor the practice of law, and that the Document Materials are not customized to your particular needs. If you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

If, prior to your use of any legal document, you believe that Trust & Will gave you any legal advice, opinion or recommendation about your legal rights, remedies, defenses, options, selection of forms or strategies, you must not use these documents, and any use of these documents is done at your own risk.

YOU UNDERSTAND THAT ANY TRUST & WILL ERROR REVIEW IS AN AUTOMATED PROCESS THAT IS LIMITED TO COMPLETENESS, SPELLING, AND FOCUSED SOLELY ON INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. SUCH ERROR REVIEW I IS NOT COMPREHENSIVE OR GUARANTEED TO BE ACCURATE. YOU AGREE TO READ AND REVIEW THE FINAL DOCUMENT(S) BEFORE SIGNING THEM AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).

A. Expectations regarding account users

You are solely responsible for your interactions with other users of the Services, including where you share access to your documents or your account with other individuals, either via the features available in the Services, or by sharing your account information.

You are also solely responsible for the content you upload to our servers, and by using our products and services, you agree to abide by the rules related to any content you upload to or generate in relation to your Trust & Will account. We reserve the right, but have no obligation, to monitor disputes and interactions between you and other users. Trust & Will shall have no liability for your interactions with other users, or for any user's action or inaction.

You may only create an account on behalf of yourself, or yourself and a spouse or legally recognized domestic partner (“Spouse”). If You create an account on behalf of yourself and a Spouse, You represent you have permission to enter the information and designations on behalf of your Spouse, with their explicit permission and at their exact direction. The User who's email address is used to create a TW account is the primary account owner, but any secondary account user must also agree to these terms. In the event of dissolution of your marriage or civil union, a secondary user may contact member support to establish their own separate TW account, and fees may apply to the creation of a new account, with new estate planning documents.

Trust & Will’s Services are intended for use by the individual named in the estate plan, and Trust & Will is not liable or responsible for improper use of the Site or Services. The legal enforceability of the estate planning documents may be undermined by the unsanctioned creation of documents by a third party, and Trust & Will disclaims any and all liability with regard to such unsanctioned use of the Site or Services. You delegate the responsibility of creating estate planning documents at your own risk.

B. Estate Plan Content and Account Content expectations

You retain exclusive ownership of the content you upload to create your estate planning documents (“Estate Plan Content”).

You may also submit or upload documents and content onto the Trust & Will Platform within your private Trust & Will account, to be stored on our internal servers (“Account Content”). You retain ownership of your Account Content, and you may remove any content you upload to Trust & Will’s secure servers at any time. You agree to abide by the terms and conditions herein regarding the type of Account Content you may permissibly upload to the Trust & Will Platform.

You agree not to post Account Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children, including by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any Account Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. Trust & Will reserves the right, but is not obligated, to edit, remove, re-categorize, pre-screen, reject and/or otherwise modify any Account Content that Trust & Will believes, in its sole discretion, violates these provisions. You understand that uploading Account Content to the Services is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.

For the purposes of these Terms of Service, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your Account Content, you affirm, represent and warrant the following:

– Your Account Content and Trust & Will's use thereof as contemplated by these terms of service and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

– To the best of your knowledge, all your Account Content and other information that you provide to us pertains to you as a Member and/or your Spouse, if applicable, and is truthful and accurate.

Trust & Will takes no responsibility and assumes no liability for any Account Content or Estate Plan Content that you or any other user or third-party posts or shares over the Services.

C. Use of artificial intelligence

From time to time, Trust & Will may introduce features and capabilities as part of the Services that utilize artificial intelligence, machine learning, or similar technologies (the “AI Features”). User may upload information, including Estate Plan Content, Account Content, and User Submissions (collectively, “Input”), and receive output generated by the AI Features based on the Input (“Output”, and together with Input, the “AI Content”). You are responsible for AI Content, including ensuring that it does not violate any applicable law or these Terms of Service. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to any AI Feature. As between you and Trust & Will, you (a) retain your ownership rights in Input and (b) own the Output. We may use AI Content to provide, maintain, develop, and improve the Services, comply with applicable law, enforce our terms and policies, and keep our services safe. You acknowledge and agree that your use of the AI Features is subject to the Disclaimers set forth above in Section 4, and the results you receive from the AI Features may not always be accurate, so you should not rely solely on those results, or use results as a substitute for professional and/or legal advice.

Except as provided in these Terms of Service, Trust & Will retains all rights in the Services. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (the "Trust & Will Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Trust & Will and its licensors. Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Trust & Will Content or materials on the Services for any purpose not expressly permitted by these Terms of Service is strictly prohibited.

You may choose to or we may invite you to submit post, upload, or otherwise make available (collectively, "Post") content such as comments, ideas, questions, public messages, product feedback, and other content about or related the Services, including without limitation about how to improve the Services or our products (collectively, "User Submissions") that may or may not be viewable by other users. For the avoidance of doubt, User Submission does not include Estate Plan Content or Account Content. If you Post any User Submission, unless we indicate otherwise, you grant us a nonexclusive, royalty-free, and fully sublicensable right to access, view, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such User Submission throughout the world in any form, media, or technology now known or hereafter developed. You also permit any other user to view, copy, access, store, or reproduce such User Submission for that user’s personal use. You grant us the right to use the name and other information about you that you submit in connection with such User Submission. You represent and warrant that: (a) you own or otherwise control all of the rights to the User Submission that you Post; (b) the User Submission you Post is truthful and accurate; and (c) use of the Submission you Post does not violate these Terms of Service or any applicable laws. By Posting any User Submission, you also agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Trust & Will under any fiduciary or other obligation, and that we are free to use the User Submission without any additional compensation to you, and Trust & Will does not waive any rights to use similar or related ideas previously known to Trust & Will, or developed by its employees, or obtained from sources other than you.

You acknowledge and agree that we may or may not, at our discretion, pre-screen User Submission before its appearance on the Site, but that we have no obligation to do so. You further acknowledge and agree that we reserve the right (but do not assume any obligation) in our sole discretion to reject, move, edit, or remove any User Submission that is Posted to the Services. Without limiting the foregoing, we have the right to remove any User Submission that violates these Terms of Service or is otherwise objectionable in our sole discretion. You acknowledge and agree that we do not verify, adopt, ratify, or sanction User Submission, and you agree that you must evaluate and bear all risks associated with your use of User Submission or your reliance on the accuracy, completeness, or usefulness of User Submissions.

Trust & Will grants you a limited license. Subject to your compliance with these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as designed and as set forth in these Terms of Service. Trust & Will reserves all rights not expressly granted in the Services and the Trust & Will Content. Trust & Will may terminate this license at any time for any reason or no reason.

Subject to the other provisions of these Terms of Service, Trust & Will grants you permission to download, view, copy and print Document Materials on any single, stand-alone computer or device (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. You agree that you will not download, view, copy, print, replicate or modify the Document Materials in whole or part other than authorized editing or in the course of making a document accurate or effective for your actual individual use of the document for the purpose for which that kind of document exists. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Service. On any such termination, you agree to immediately destroy any downloaded or printed Document Materials and to cease using the service. Any unauthorized use of any Document Materials contained on the Site or available through the Services may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system to access the Services in a manner that sends more request messages to the Trust & Will servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Trust & Will grants the operators of public search engines revocable permission to use spiders to copy materials from publicly accessible web pages at trustandwill.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.

We retain the right to change or stop providing Services and features. We may, without prior notice, change the Services; stop providing the Services or features of the Services, or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service. Any data, account history and account content residing on the servers running the Services may be deleted, altered, moved or transferred at any time for any reason at Trust & Will's sole discretion, with or without notice and with no liability of any kind. Trust & Will does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on the servers running the Services.

You agree to pay us in accordance with our terms of sale. Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment, billing policies, and refund policies applicable to such fees and charges. Trust & Will may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. You authorize Trust & Will (or our third-party payment processor) to charge your payment method on file for all fees and charges incurred in connection with your use of the Services, including Trust & Will's fees, government fees, taxes and other third-party fees.

If you register with us, you may cancel your account at any time; however, there are no refunds for cancellation. All purchases are final and refunds are discretionary and may be considered on a case-by-case basis in accordance with our refund policy. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future. In the event that Trust & Will suspends or terminates your account or these Terms of Service, you understand and agree that you shall receive no refund or exchange for any Trust & Will Content, any unused time or service on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.

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.

We may offer Services as a one-time purchase and/or Services on a subscription basis. BY PURCHASING SERVICES ON A SUBSCRIPTION BASIS, YOU AUTHORIZE US TO AUTOMATICALLY INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW.

If you elect to use Services that are offered on a subscription basis, your initial purchase will provide you access to the Services for an “Initial Service Period,” as specified at the time of purchase. Your paid subscription will automatically renew at the end of the Initial Service Period and will automatically renew at the interval specified at the time of purchase. Your payment method will be charged upon each renewal of your paid subscription.

If you wish to cancel the automatic renewal of your paid subscription, you must cancel your plan through your account. You may request assistance with canceling your plan by emailing support@trustandwill.com. Any such cancellation must be made at least one day before the next automatic renewal. If you cancel, your access to the Services will continue until the end of your then-current subscription period (unless we provide you with a refund or otherwise allow you to use the unused portion towards another service or subscription) and will then terminate without further charges. There are no refunds for any unused portion or time remaining in a subscription unless required by law. EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME UNLESS REQUIRED BY LAW.

We may terminate your access to the Services, including via a paid subscription, at our sole discretion and without any notice. If we cancel your paid subscription, we may give you a prorated refund based on the amount of time remaining that you cannot use, provided, however, that we will not be obligated to grant you a refund if we terminate your Account or your paid subscription because we determine, in our sole discretion, that your actions or your use of the Services violates these Terms or any applicable law or has harmed another user.

From time to time, we may offer trial, discounted, or other promotional rates. Such trial or promotional rates are subject to these Terms except as otherwise stated in the promotional offer, including which users are eligible for the promotional rates. Only one trial or promotional rate is available per household and may not be combined with any other promotion, except as otherwise stated in the promotional offer. If your paid subscription is ever canceled or terminated for any reason, and you purchase an additional paid subscription, you may not be eligible to take advantage of another promotional rate offer. If your use of the Services includes a discount or promotional rate, you will be charged the promotional rate for the relevant number of subscription periods, and upon completion of the promotional period, your paid subscription will continue to automatically renew at the then-current renewal price. To cancel and avoid being charged the full rate, you must cancel before the discount or promotional period ends. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.

We may change the renewal price for your paid subscription, or otherwise modify the Services as stated above, at any time upon notice to you. Any changes made will only take effect upon the next automatic renewal following the provision of notice to you regarding the change in renewal price or change to the Services. If you do not wish to renew at the changed renewal price, you must cancel your plan through your account or by providing notice to support@trustandwill.com. Any such cancellation must be made at least one day before the next automatic renewal. If you do not cancel before the renewal date on which the changes take effect, your continued use of the Services will constitute your acceptance of the changes.

You agree that we (or our third-party payment processor) may store your payment method and related payment information. You authorize us (or our third-party payment processor) to automatically charge your payment method for any automatic renewal payments unless, prior to your next renewal date, (a) you cancel your paid subscription as described above, (b) we decline to renew your paid subscription, or (c) these Terms are otherwise properly terminated as expressly permitted herein. We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer. We may use these new details in order to help prevent any interruption to a paid subscription. You may update your payment method through your account or by contacting us at support@trustandwill.com. If any attempt to charge your payment method is not successful or if the automatic renewal payment fails for any reason, we may suspend or terminate your access to the Services without notice to you.

You consent to have your personal data collected, used, transferred to and processed in accordance with our Privacy Policy, including the potential capture of your keystroke and page specific input data using session replay technology for customer service and product optimization purposes. By using the site, you acknowledge that your interaction with the site may be recorded for quality assurance purposes. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You agree that you provide your personal information and other data provided to Trust & Will at your own risk.

You must ensure security and integrity of your account. When you open an account to use or access certain Services or provide us with information in connection with a purchase or transaction, you must provide accurate, complete and current information. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You are solely responsible for the activity that occurs on your account, including when you use the shared access function. You share access to your documents at your own risk. You must keep your account password secure and you may not use a third party's account at any time without express authorization from the third party to do so. Trust & Will shall not be liable for any losses you incur as a result of someone else's use of your account. You may be held liable for any losses incurred by Trust & Will due to someone else's use of your account.

We respect content owner rights and it is Trust & Will's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify Trust & Will's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

–An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

–Identification of the copyrighted work that you claim has been infringed;

–Identification of the material that is claimed to be infringing and where it is located on the Services;

–Information reasonably sufficient to permit Trust & Will to contact you, such as your address, telephone number, and, e-mail address;

–A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;

–A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following: DMCA Agent, Huge Legal Technology Company, Inc., 1111 6th Ave Suite, 550, PMB 40156, San Diego, California 92101-5211.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEY'S FEES.

Please note that this procedure is exclusively for notifying Trust & Will and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Trust & Will's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Trust & Will has adopted a policy of terminating, in appropriate circumstances and at Trust & Will's sole discretion, members who are deemed to be repeat infringers. Trust & Will may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Trust & Will. Trust & Will does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Services, you do so at your own risk, and you understand that these Terms of Service and Trust & Will's Privacy Policy do not apply to your use of such sites. You expressly relieve Trust & Will from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Trust & Will shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Trust & Will may provide some Services designed for use by professionals, Affiliates, or attorneys (“Professional Services”), but its direct to consumer platform is not intended for use by professionals or Affiliates of any kind. If you use any Professional Services, such as the Advisor Platform, or if you use our direct to consumer platform as an agent of a corporation that provides Affiliate Services, Trust & Will explicitly disclaims any liability related to such use of the Services or Professional Services. Trust & Will makes no representations or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information contained or conveyed by the Professional Services. Third party and/or Affiliate involvement in the estate planning process is not necessary or required for a user to receive any discount associated with an Affiliate, or to purchase an estate plan. Trust & Will is not a law firm, and does not provide legal advice of any kind on any subject matter.

Trust & Will disclaims any and all liability regarding any third party’s role in the estate planning process. Trust & Will can make no assurances or guarantees regarding the sophistication or expertise of any third party or Affiliate, and thus does not endorse third party or Affiliate Services as they relate to the Site or Services. Trust & Will expressly denies any liability associated with a third party or Affiliate’s involvement or influence.

You agree to defend, indemnify and hold harmless Trust & Will and its agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of these Terms of Service, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of content uploaded by you or any that is submitted via your account; or (vi) any other party's access and use of the Services with your unique username, password or other appropriate security code.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRUST & WILL OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, TRUST & WILL AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.

TRUST & WILL DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TRUST & WILL SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND TRUST & WILL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, THIS SERVICES.

UNDER NO CIRCUMSTANCES WILL TRUST & WILL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. 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; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) ANY CONTENT SUBMITTED OR UPLOADED OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. 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. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.

Trust & Will Services are directed to users in the United States. The Services are controlled and operated from the United States. Trust & Will makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident outside the United States, of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.

These Terms of Service are assignable only by Trust & Will. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Trust & Will without restriction.

You agree that: (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed passive that do not give rise to personal jurisdiction over Trust & Will, either specific or general, in jurisdictions other than California. You expressly agree that your rights and obligations, these Terms of Service and any disputes shall be governed by and interpreted in accordance with the laws of the state of California, excluding its choice of law rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Trust & Will that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California, unless submitted to arbitration in accordance with the Dispute Resolution section of these Terms of Service. The foregoing sentence shall not apply to North Carolina consumers. You also acknowledge and agree that you are waiving the right to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Trust & Will otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. This waiver of the right to participate in a class action lawsuit shall not apply with respect to a consumer who participates in an offering made to AARP members.

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS.

As detailed herein, the Terms of Service mandate that any dispute, claim or controversy (whether in contract, tort, or otherwise) between you and Trust & Will that arises out of or relates to the Services, the Site, or these Terms of Service, including but not limited to any claim that all or any part of these Terms of Service are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or the timing of any administrative or arbitrator fees (collectively, "Disputes") be resolved first through an informal dispute resolution process. In the event informal resolution fails, the Terms of Service further mandate that all Disputes be formally resolved through binding arbitration. Binding arbitration means that an arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve such disputes. Consequently, you should read the entirety of Section 22 carefully as it may significantly affect your legal rights.

A. Informal Dispute Resolution Procedure. For any and all Disputes between you and Trust & Will, the parties shall use their best efforts to settle informally the dispute, claim, question, or disagreement and to engage in good faith negotiations. Failure to engage in this process could result in the award of fees against you in arbitration.

To initiate informal dispute resolution, the initiating party must first send a written description of the Dispute to the other party. For any Dispute against Trust & Will that you initiate, you agree to send to Trust & Will (a) a written description of the dispute and (b) the email address(es) associated with your account through the following email address: legal@trustandwill.com. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. For any dispute that Trust & Will initiates, we will send our written description of the dispute to the email address associated with your use of the Services.

If the parties’ Dispute is not resolved within sixty (60) days after receipt of the written description of the dispute by a party, you and Trust & Will agree to resolve any remaining dispute through the additional dispute resolution provisions set forth below.

A good faith engagement in informal dispute resolution shall be and is a prerequisite and condition precedent to either party initiating a lawsuit or arbitration. The parties agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

Notwithstanding the foregoing 60-day notice requirement, you and Trust & Will agree that if the dispute involves either party’s intellectual property rights (defined below) or defamation, this informal dispute resolution shall not apply and either party may immediately pursue relief in the manner set forth below.

B. Mutual Arbitration Agreement. If the informal dispute resolution procedure does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes (except as provided herein) subject to the terms set forth below and the National Arbitration and Mediation (“NAM”) rules. If you are initiating arbitration, a copy of the demand shall also be emailed to legal@trustandwill.com. Any demand initiating arbitration, whether filed by you or Trust & Will, must include the email address you used to create an account with Trust & Will.

Except as set forth below, you and Trust & Will agree that any Dispute will be settled by binding arbitration in accordance with this Section 22 (collectively, the “Arbitration Agreement”). This Arbitration Agreement is intended to be interpreted broadly, and it applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth in Subsections J and K. This Arbitration Agreement shall be governed by the Federal Arbitration Act (“FAA”), including with respect to the interpretation and enforcement of the Arbitration Agreement.

Except as set forth in Subsection C below, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.

The parties understand that an arbitrator and not a judge or jury will decide the Dispute, and that rights to discovery and appeals may be limited in arbitration. The parties further understand that the costs of arbitration could exceed the costs of litigation in some instances.

You hereby acknowledge and agree that by agreeing to these Terms of Service, which include this Arbitration Agreement, you and Trust & Will are each waiving the right to a trial by a jury to the maximum extent permitted by law.

Notwithstanding the parties’ decision to resolve all Disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means copyrights, trademarks, patents, moral rights, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

C. Class Action Waiver. YOU AND TRUST & WILL ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SUBSECTION C AND SUBSECTION G BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT AND AGREEMENT, ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF TRUST & WILL PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

This provision does not prevent you or Trust & Will from participating in a class-wide settlement of claims.

With the exception of this Subsection C and Subsection G below, if any part of Arbitration Agreement is deemed to be void, unenforceable, or illegal, or otherwise conflicts with the rules of NAM then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, this Subsection C and Subsection G is found to be invalid, unenforceable, or illegal as applied to your claims, then the entirety of this Arbitration Agreement will be deemed null and void, and neither you nor Trust & Will shall be required to arbitrate their dispute. Except as provided in this Subsection C, this "Dispute Resolution" section will survive any termination of these Terms of Service.

D. Arbitration rules. The arbitration will be administered by NAM in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Supplemental Dispute Resolution Rules and Procedures then in effect at the time any demand for arbitration is filed with NAM, except as modified by this "Dispute Resolution" section and excluding any rules or procedures governing or permitting class or representative actions. (The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.). If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.

E. Arbitration location. If the amount in controversy between the parties, does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Trust & Will submit to the arbitrator, unless (i) the parties agree otherwise or (ii) the arbitrator determines that a hearing is necessary. If the amount in controversy between the parties exceeds $10,000, either party may request an arbitration hearing, and that hearing shall presumptively be held via video- or telephone conference unless (i) the arbitrator determines there is good cause to hold an in-person hearing or (ii) the parties agree otherwise. In the event there is an in-person hearing, the location of the hearing will be determined by mutual agreement of the parties or, if the parties cannot agree, by the arbitrator in accordance with NAM rules.

F. Arbitration procedure and rules. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.

The arbitrator will render an award within the time frame specified in the NAM rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.

Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Trust & Will (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.

G. Batch arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (“Mass Filing”), the parties agree to administer the Mass Filing in sequential batches of approximately 100 demands per batch (as adjusted to accommodate any arbitrator strikes as described below). To the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands. The parties further agree: (i) to designate one arbitrator for each batch; (ii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iii) that 10% of the anticipated total number of batches for the Mass Filing may proceed simultaneously as set forth in this batching provision and Arbitration Agreement, but that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior set of batches are filed, processed, and adjudicated (for example: if 2000 demands were presented as part of a Mass Filing, there would be 20 anticipated batches, 10% of which – i.e., 2 batches – may proceed simultaneously); (iv) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Trust & Will and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (v) that the staged process of batched proceedings, with each batch including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved, and (vi) to make good faith efforts to resolve each batch of claims properly designated for filing, processing, and adjudication within 180 days, failing which any of the claimants whose demands have not yet begun arbitration or Trust & Will may cease arbitration and file in a court of competent jurisdiction.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and notwithstanding Subsection E above, the arbitrator will determine whether the proceedings will occur remotely via video- or telephone- conference or the location where any in-person proceedings will be conducted. Each claimant may strike the arbitrator selected by their counsel and Trust & Will for the batch and where such strike is exercised, the objecting claimant’s demand will be included in any simultaneously proceeding batch, or the next following batch.

You agree to cooperate in good faith with Trust & Will and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Trust & Will otherwise consents in writing, Trust & Will does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Subsection G and Subsection C.

If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

H. Mediation following first batch in a Mass Filing. The results of the first completely adjudicated batch of demands will be given to a NAM mediator selected from a group of 5 mediators proposed by NAM, with Trust & Will and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results of the first batch are provided to the mediator, Trust & Will, the remaining claimants and their counsel, and the mediator will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either Trust & Will or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Trust & Will nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process in Subsection G. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

I. Fees. Except as otherwise required by applicable law, your responsibility to pay any arbitration fees will be solely as set forth in the NAM rules, including with respect to any fee waivers. However, if the arbitrator finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you understand and agree that consistent with NAM’s rules permitting sanctions, and as set forth in this Arbitration Agreement, you may be required to reimburse Trust & Will for arbitration fees (including attorneys’ fees) Trust & Will incurred to defend your claim(s). You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties further agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s rules where it deems appropriate (including as specified in Subsection G), provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 22 while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

J. Right to opt out of the Arbitration Agreement. You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to legal@trustandwill.com with the subject line, “ARBITRATION OPT-OUT.” You must send this notice from the email address associated with your account (if you have one), or if this is not possible, you must promptly cooperate with us to identify your account if you have one.

Your notice must be sent within thirty (30) days of first becoming subject to this Arbitration Agreement. You become subject to this Arbitration Agreement at the same time you become subject to the rest of these Terms of Service. Otherwise, you shall be bound to arbitrate disputes in accordance with this Arbitration Agreement. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, Trust & Will also will not be bound by it.

Trust & Will will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Terms of Service pursuant to the requirements set forth in that version.

K. Changes. Trust & Will will provide 30 days’ notice of the date of any material changes to this Section 22. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when such claims may have accrued. If Trust & Will changes this Section 22 after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described in Subsection J.

Trust & Will does not provide tax advice of any type or for any purpose. Any information regarding taxes in any communication from Trust & Will is intended only for general education and is not to be construed or relied on as tax advice. Although Trust & Will does not provide any tax advice, we do provide this disclosure to comply with requirements imposed by the Internal Revenue Service under Circular 230:

We inform you that any U.S. federal tax advice contained in any communication from Trust & Will is not intended or written to be used, and cannot be used, for purposes of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing, or recommending to another person any matters addressed therein.

Trust & Will does not provide any Financial Advice of any type, for any purpose. Any financial information presented through the site or services is intended for educational purposes only, and is not to be construed as or relied upon as financial advice. Trust & Will is not responsible for, and makes no guarantee regarding the accuracy or validity of any financial insights offered through a third party integration on our website. For example, our product may allow for integration with home ownership data, including estimated value of your real estate. Trust & Will cannot guarantee the accuracy of any data provided through a 3rd party integration on our website. Any graphics or content presented within the Trust & Will tools and services regarding your financial assets is intended solely for informational purposes, and may not represent an accurate picture of your finances or financial health.

We provide watermarked blank document templates upon request. To request such templates, please write to us at 1111 6th Ave Suite, 550, PMB 40156, San Diego, California 92101-5211, specifying which document templates you are requesting. We have a consumer satisfaction process to address any questions or concerns regarding the Services we offer. You may raise any questions or concerns by emailing us at hello@trustandwill.com.

Trust & Will is committed to maintaining the privacy of its members and safeguarding member information stored by Trust & Will. In the unfortunate event of a member’s death, Trust & Will will provide access to a Trust & Will member’s account in accordance with an acceptable legal document that shows you have the authority to act on behalf of the deceased member. If you have such a legal document, please contact our Member Success team to help you gain access to a deceased member’s account.

Trust & Will may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Trust & Will in our sole discretion. Trust & Will reserves the right to determine the form and means of providing notifications to our users. Trust & Will is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add hi@trustandwill.com to your email address book to help ensure you receive email notifications from us.

Our offices are located in San Diego, California.

This is our entire agreement and if any portion is deemed invalid, the remaining provisions are valid. This Agreement, together with any amendments and any additional agreements you may enter into with Trust & Will in connection with the Service, shall constitute the entire agreement between you and Trust & Will concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Trust & Will's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.