Terms of Use

Updated November 10, 2022

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

By using the Trustate Corporation (“Trustate”) website (the “Site” or “Website”) or any Trustate applications or application plug-ins (“Applications”), you agree to follow and be bound by these terms of use (the “Terms of Use,” “Terms,” or “Agreement”) and agree to comply with all applicable laws and regulations, including the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.), as amended and all regulations promulgated thereunder (the “FCRA”), and United States export and re-export control laws and regulations. In these Terms of Use, the words “you” and “your”refer to each customer (including authorized users), Site visitor, or Application user, and the words “we,” “us,” “our,”and “Trustate” refer to Trustate Corporation and “Service” or “Services” refers to all services provided by us.  

Please also refer to the Trustate Terms of Service and Privacy Policy, which are incorporated herein by reference.

Business to Business

Trustate offers the Site and its services only to businesses, business owners and their authorized users for business purposes and with written consents required under applicable federal and state laws and regulations and privacy rules and policies.  The Site is not intended for consumers.

When you provide information to Trustate, we request that it be business contact information.  If you provide personal information instead, this does not make this a consumer transaction.  While we use reasonable measures to secure any personal information disclosed to us, privacy rights associated with a consumer transaction, as a general matter, do not apply to the Site.

Practice of Law Disclaimer

TRUSTATE IS NOT A LAW FIRM AND MAY NOT PERFORM SERVICES PERFORMED BY AN ATTORNEY. AT NO TIME IS AN ATTORNEY-CLIENT RELATIONSHIP FOSTERED OR CREATED WITH TRUSTATE THROUGH THE PERFORMANCE OF ANY SUCH SERVICES. WE DO NOT

TRUSTATE, ITS SERVICES AND ITS FORMS OR TEMPLATES ARE NOT A SUBSTITUTE FOR THE ADVICE OR SERVICES OF AN ATTORNEY.

FURTHERMORE, THE INFORMATION CONTAINED ON THE SITE AND  OBTAINED THROUGH THE SERVICES IS NOT LEGAL ADVICE AND IS NOT GUARANTEED TO BE CORRECT, COMPLETE OR UP TO DATE. THEREFORE, IF YOU NEED LEGAL ADVICE FOR YOUR SPECIFIC PROBLEM, YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR AREA.

YOU ACKNOWLEDGE THAT TRUSTATE IS NOT A REGISTERED OR BONDED LEGAL DOCUMENTASSISTANT UNDER CALIFORNIA BUSINESS AND PROFESSION CODE, SECTIONS 6400 ET SEQ.

Acceptance of Terms of Use

BY USING TRUSTATE’S SERVICES OR ACCESSING THE TRUSTATE SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE.  

THIS SITE IS INTENDED FOR THE EXCLUSIVE USE OF ADULTS OVER 18 YEARS OF AGE. IF YOU ARE NOT OVER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THIS SITE. BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE OVER THE AGE OF 18, THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TRUSTATE, AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SITE.

AGREEMENT TO ARBITRATE

These Terms state that any disputes between you and Trustate that are not otherwise waived pursuant to the terms of this Agreement must be resolved in binding arbitration, that you, to the fullest extent allowed by law, waive the right to participate in any class action, and that the law of the State of Delaware and the Federal Arbitration Act apply to all interactions between you and your business and Trustate.

Geographic Restrictions

The Site is based in the United States. Access to the Site may not be legal by certain persons outside of the United States. If you access the Site from outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check these Terms of Use each time you access this Site so you are aware of any changes, as they are binding on you. In certain cases, we may also provide email notification of the revised Terms of Use, subject to the terms of our Privacy Policy. You are responsible for ensuring we have an up-to-date active and deliverable email address for you. If you have any questions about these Terms of Use, please contact us at info@trustate.com.

Portal and Service

The Site provides an online portal to

Customers need not download or license Trustate software to use the Service.

The Site includes general information on common questions with respect to estate administrations.  We are not attorneys or wealth management advisors.

For more information on the Services offered and purchased through the Site, please visit our Terms of Service.

Limited License of Site

By accessing and using the Site, you grant Trustate a nonexclusive license to

Please see our Privacy Policy for information regarding our collection and use of your personal information.

Subject to the terms and conditions contained herein, on a nonexclusive basis, Trustate provides access to certain personal information regarding deceased persons pursuant to written consents required under applicable federal and state laws and regulations and privacy rules and policies (effectively, “Consents”), and for no other use. Trustate does not use or process any information about deceased persons that you may request through our Services other than (i) to fulfill your orders, or (ii) if required by law.

No Storage, Copying, Capture or Retention of Personal Information Obtained Through Trustate

You may only use personal information concerning the estate you are administering obtained through or furnished by Trustate for purposes expressly permitted in these Terms of Use, our Privacy Policy, our Terms of Service, and all applicable laws, rules and regulations.

You are strictly prohibited from and may not maintain, copy, capture, store or otherwise retain personal information obtained through or furnished by Trustate in any manner.

For the avoidance of doubt, this prohibition includes, but is not limited to, copying and pasting information obtained on the Site or using a screenshot feature installed on an electronic device (e.g., Microsoft Windows’ Snipping Tool) to capture personal information as an image from the Site.

You may take notes of personal information you view but you cannot record, extract or retain records viewed through our Service.

After we fulfill your Order to view personal information regarding a deceased person, we delete that information from our Systems within 90 days after fulfillment of the Order.  We do not retain any copies in archives or otherwise.

Use of Trustate Forms

On our Site, we may, from time to time, offer self-help “fill in the blank” forms (our “Forms”). You understand that your purchase, download and/or use of a form is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.

(a)  License to Use.

Trustate grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable  license to use Forms for your own use as an estate administrator or executor, or if you are an attorney or professional, foryour client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.

(b) Resale of Forms Prohibited.

By ordering or downloading our Forms, you agree that the Forms you purchase or download may only be used by you for your estate administration or business use or used by you in compliance with these Terms of Use and may not be sold, copied, or redistributed without the express written consent of Trustate, which may be withheld in our sole discretion.

(c) Limited Permission to Download Forms.

Trustate hereby grants you permission to view and copy Forms on any single, stand-alone computer solely for your estate administration, informational, non-commercial (except in service of your particular client or estate you are advising) use provided that copyright and trademark notices appearing on Forms may not be altered or removed; and provided further that you will not otherwise use the Forms on any other Site or in a networked computer environment; and you do not modify the Forms in any way (other than to complete information for filing the Forms).

This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use or the Terms of Service. Upon any such termination, you agree to immediately destroy any downloaded or printed Materials (defined below).

Any unauthorized use of any Materials contained on this Site or Applications may violate copyright, trademark, privacy, publicity and communications laws and regulations.

Permitted Uses and Responsibilities

You may access and view personal information of the estate of a deceased person obtained through the Site only in accordance with these Terms of Use and our Terms of Service and all applicable laws, rules and regulations.

You certify that you will order and view personal information obtained through or furnished by Trustate only when you

With respect to handling personal information of a decedent obtained through or furnished by Trustate, you will

                 - fully complies with all applicable federal, state and local laws, rules, regulations and ordinances, including those governing privacy, data protection, fair credit reporting  information practices, public records, and consumers’ rights to privacy, including but not limited to the FCRA and all state law counterparts;

                 - does not, in any way or for any purpose, infringe or violate any intellectual or proprietary rights, publicity, privacy, confidentiality, contractual or other rights; and

                 - is not defamatory, libelous, harmful to minors, obscene, pornographic or unlawfully threatening or harassing

If Trustate reasonably believes that you have violated these Permitted Uses and Responsibilities, Trustate may, in addition to any other remedy authorized by these Terms of Use, with reasonable advance written notice to you, conduct or have a third party conduct on its behalf, an audit of your facilities, security practices and procedures to the extent Trustate reasonably deems necessary, including an onsite inspection, to evaluate your compliance with the data security requirements of these Terms of Use. If a violation of these Permitted Uses and Responsibilities is found, the costs of the audit and remediation of the violation shall be covered by you.  We also reserve the right to suspend your access to the Services and your Account pending the results of this audit.

Compliance with Intellectual Property Laws

When accessing Trustate or using the Trustate legal document preparation Service, you agree to comply with all applicable trademark, copyright and patent laws, and you agree to respect the intellectual property rights of Trustate, its licensors, service providers and others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download,display, perform, transmit or otherwise distribute any information or content in violation of Trustate’s or any thirdparty’s copyrights, trademarks or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Trustate account.

Accessing the Site and Account Security

Access to the Site is permitted on a temporary basis. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion, without notice.  We will not be liable if, for any reason all or any part of, the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including any registered users. You acknowledge that Trustate reserves the right to refuse service to anyone and to cancel user access at any time.

You are responsible for both:

To access the Site, Services or our other resources, you may be asked to provide certain details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register and maintain your account with this Site, to receive access to content or otherwise, including but not limited to the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You may not use a third party’s account, username or password at any time. You agree to notify Trustate immediately of any unauthorized use of youraccount, username or password. Trustate shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Trustate, our licensors, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information and/or any resources you access through the Site.  

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Accuracy of Information

Trustate strives to keep the Site accurate, current and up to date. However, because the laws regarding estate administration and management vary from state to state and change rapidly, Trustate does not guarantee that all of theinformation obtained through or furnished by Trustate is correct, current and/or complete. The law and bestadministrative practices vary from jurisdiction to jurisdiction and may be subject to interpretation by different courts.Estate administrations are highly personal and fact-specific matters, and no general information or service such as those Trustate provides can fit every circumstance. IN NO EVENT ARE WE PROVIDING TO YOU LEGAL ADVICE OR SERVICES.

Ownership of Site and Applications

The Site, Services and Forms are owned and operated by Trustate and/or its licensors. All rights, title and interest in and to the materials provided on this Site and through our Service including but not limited to individual Forms, information, documents, logos, graphics, sounds and images (“Materials”) are owned either by Trustate or by ourrespective third party authors, developers or vendors (“Third Party Providers”).

Except as otherwise expressly permitted by Trustate, Materials may not be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on anyApplications shall be construed to confer any license under any of Trustate’s intellectual property rights, whether by estoppel, implication or otherwise.

Trustate does not sell, license, lease or otherwise provide Materials other than those specifically identified as being provided by Trustate. Any rights not expressly granted herein are reserved by Trustate and/or its third party licensors and provides.

Links to Third Party Sites

This Site and Applications may contain links to websites controlled by parties other than Trustate (as to each, a “Third Party Site”). Trustate works with a number of partners whose sites are linked with Trustate. Trustate may also provide links to other citations or resources with which it is not affiliated. Trustate is not responsible for and does not endorse or accept any responsibility for the accuracy, availability, completeness and/or reliability of any contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Usage of Third Party Sites are governed by such respective sites’ privacy policies and terms of use.

Trustate makes no guarantees about the content or quality of the products or services provided by such sites. Trustate is not responsible for webcasting or any other form of transmission received from any Third Party Site. Trustate isproviding these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Trustate of the Third Party Site, nor does it imply that Trustate sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

You acknowledge that you bear all risks associated with access to and use of content provided on or from a Third PartySite and agree that Trustate is not responsible for any loss or damage of any sort you may incur from dealing with a thirdparty. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Site, the Services or the Internet will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for security, confidentiality, and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, APPLICATIONS, SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIALS POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, APPLICATIONS, AND SERVICES OR ITEMS OBTAINED THROUGH TRUSTATE, THE SITE AND THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, THE SITE, APPLICATIONS, SERVICES AND MATERIALS OBTAINED THROUGH TRUSTATE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TRUSTATE NOR ANY PERSON ASSOCIATED WITH TRUSTATE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, APPLICATIONS, SERVICES OR PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER TRUSTATE, ITS LICENSORS, SERVICE PROVIDERS NOR ANYONE ASSOCIATED WITH TRUSTATE REPRESENTS OR WARRANTS THAT THE SITE, APPLICATIONS, SERVICES OR PRODUCTS WILL BE ACCURATE, COMPLETE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, TRUSTATE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, TITLE, AND FITNESS FOR PARTICULAR PURPOSE.

WE DO NOT GUARANTEE THAT THE RESULTS OF YOUR USE OF THE SERVICES ARE ACCURATE, COMPLETE OR CURRENT NOR DO WE WARRANT THAT THEY WILL FIT YOUR PARTICULAR PURPOSE. YOU ARE RESPONSIBLE TO INDEPENDENTLY VERIFY THE RESULTS OBTAINED THROUGH THE USE OF OUR SERVICES.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE DISCLAIMED, EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TRUSTATE OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF INCOME, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WASTED MANAGEMENT OR OFFICE TIME AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NEITHER TRUSTATE, NOR ANY OF ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, OR LICENSORS COMPANIES WILL BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF, OR CAUSED IN WHOLE OR IN PART BY, THEIRS ACTS OR OMISSION, EVEN IF NEGLIGENT, IN PROCESSING, COMPILING, COLLECTING, INTERPRETING, PROCESSING, REPORTING OR TRANSMITTING ANY PERSONAL INFORMATION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IN SUCH  CASE, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF TRUSTATE OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS UNDER THIS AGREEMENT FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE TOTAL FEES YOU PAID TO US DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, WHICHEVER IS LESS.  SUCH LIABILITY UNDER THIS AGREEMENT SHALL BE CUMULATIVE AND NOT PER INCIDENT.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Release and Covenant With Respect to Accuracy of Personal Information

By accessing and using the Site, you recognize that the accuracy of any information obtained through or furnished by Trustate is not guaranteed by Trustate, and you release Trustate and our licensors, officers, agents, employees and independent contractors from any liability for any negligence in connection with the preparation of personal information and from any loss or expense suffered by you or any individual or others resulting directly or indirectly from the contents of the personal information of decedents accessed and viewed by you in the use of our Services. You covenant not to sue or maintain any claim, cause of action, demand, cross-action, counterclaim, third-party action or other form of pleading against Trustate and our officers, agents, employees and independent contractors arising out of or relating in any way to the accuracy or inaccuracy, validity or non-validity, of any of the personal information provided to or accessed by you through Trustate and its Services.

Indemnification

You hereby agree that you will indemnify, defend and hold harmless Trustate, its licensors and their respective directors, officers, members, managers, shareholders, employees, agents and contractually affiliated consumer reporting agencies, harmless from and against any and all liabilities, claims, actions, suits, costs, damages, penalties and expenses (including, without limitation, reasonable attorneys’ fees and costs of litigation) (collectively, “Liabilities”), arising out of or related to any claim, demand, suit, and/or judgment brought or asserted by any third party (collectively, “Third Party Claims”) resulting or attributable to

Feedback

If you provide Trustate with any ideas or suggestions that may enhance or otherwise improve Trustate's Services (“Feedback”), Trustate may, in its sole discretion, decide to incorporate some or all of such Feedback. Trustate shall own all right, title and interest in any such Feedback as incorporated into the Services. The submission or acceptance of suchFeedback shall not be interpreted as a commitment by Trustate to incorporate the idea into the Services or any future functionality.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Customers Needing Extra Assistance

Trustate aims to provide access to the Site and product offerings regardless of disability. If you are unable to read any part of the Site, or otherwise have difficulties using the Site, please email info@trustate.com and we will assist you.

Governing Law; Venue

Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the laws of the State of Delaware and the Dispute Resolution by Binding Arbitration contained in these Terms of Use.

Dispute Resolution by Binding Arbitration

Please read this carefully. It affects your  rights.

Summary:

Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our Customer CareCenter at info@trustate.com or 618-437-8283 (618-4-ESTATE).

In the unlikely event that the Trustate Customer Care Center is unable to resolve your complaint to your satisfaction (or if Trustate has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutralarbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted.

YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND TRUSTATE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

You may speak with independent counsel before using this Site or completing any purchase.

Arbitration Agreement

(a)   Trustate and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types ofdisputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

■             claims arising out of or relating to any aspect of the relationship between us, whether basedin contract, tort, statute, fraud, misrepresentation, or any other legal theory;

■             claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);

■             claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

■             claims that may arise after the termination of these Terms.

For the purposes of this Arbitration Agreement, references to “Trustate,” “you,” and “us” include our respective agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.

(b)  A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Trustate should be addressed to: Trustate Corporation, 802 E.Whiting Street, Tampa, FL 33602 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Trustate and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Trustate may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Trustate or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Trustate is entitled. You may download or copy a form to initiate arbitration from the American Arbitration Association (the “AAA”) website at https://www.adr.org.

(c)   If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty(30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of theappealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

(d)  Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any futurechange to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on theeffective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to me, and shall not be effective as to disputes which arose prior to the date of termination.

You may download or copy a form to initiate arbitration from the American Arbitration Association (the “AAA”) website at https://www.adr.org.

Additional Terms

Depending the Service purchased, some Trustate Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) in addition to our Terms of Service and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.

User  Content – Rights and Responsibilities

While the Site and Applications do not currently permit such actions, Trustate may in the future permit visitors to post ratings, reviews, comments, questions, answers, and other content (the “User Content”). Contributions to, access to anduse of the User Content is subject to these Terms of Use and Terms of Service.

Trustate is not the publisher or author of the User Content. Trustate takes no responsibility and assumes no liability for any content posted by you or any third party.

If Trustate’s technical staff finds that files or processes belonging to a member pose a threat to the proper technicaloperation of the system or to the security of other members, Trustate reserves the right to delete those files or to stop those processes. If the Trustate technical staff suspects a user’s account is being used by someone who is not authorized by the proper user, Trustate may temporarily disable that user’s access in order to preserve system security. In all such cases, Trustate will contact the user as soon as feasible.

Trustate has the right (but not the obligation), in Trustate’s sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.

You are legally and ethically responsible for any User Content, writings, files, pictures or any other work that you postor transmit using any Services that allows interaction or dissemination of information. In posting User Content, youagree that you will not submit any content:

■             that is known by you to be false, inaccurate or misleading;

■             that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws above;

■             that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising);

■             that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates orencourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;

■             that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;

■             that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;

■             that contains any computer virus, worms, or other potentially damaging computer programs or files;

■             that otherwise violates these Terms of Use.

Attorneys that submit User Content and provide advice do so at their own risk.

Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other Site visitors or account holders who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.

You grant Trustate a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.

Any user may request that such account holder’s email address be hidden to provide for additional privacy.

Ratings and reviews will generally be posted in two to four business days.

By submitting your email address in connection with your rating and review, you agree that Trustate may use your emailaddress to contact you about the status of your review and other administrative purposes.

Inappropriate Content

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

Intellectual Property Rights

All Site design, text, graphics, the selection and arrangement thereof, are owned by Trustate Corporation and/or its licensors. ALL RIGHTS RESERVED. Trustate, trustate.com, the “up arrow / badge of honor” logo, all images and text,and all page headers, custom graphics and button icons are service marks, trademarks, trade names and/or trade dress of Trustate. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. Trustate’s trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

The Site and its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Trustate, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:  

If you elect to use the Site or any portion thereof in accordance with the above terms, where appropriate, our status (and that of any identified contributors) as the authors of any such material must be acknowledged.

If you wish to make any use of material on the Site other than that set out in this section, you must obtain prior written consent from Trustate. Please address any request for such consent to: info@trustate.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms of Use, your right to use the Site will stop immediately and you must, at our direction, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted herein are reserved by Trustate. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws

Entire Agreement

These Terms of Use and Privacy Policy, and if you have an account with us, the Terms of Service, constitute the entire agreement between you and Trustate regarding the Site and our Services and products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.