THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
In these Terms of Service (“Terms”), the words “you” and “your” refer to each user of the Services offered through www.trustate.com (the “Site”). The words “we,” “us,” “our,” and “Trustate” refer to Trustate Corporation. “Service” or“Services” refers to all services provided by us.
Business to Business
Trustate offers 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. Services are 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 as to your information as our customer.
Acceptance of Terms of Service
YOU MAY NOT ORDER OR OBTAIN SERVICES OR PRODUCTS FROM THIS SITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH TRUSTATE, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENTS, SERVICES OR PRODUCTS BY APPLICABLE LAW.
Changes to the Terms of Service
These Terms are subject to change by us without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any Services that are offered through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
Practice of Law Disclaimer
TRUSTATE IS NOT A LAW FIRM AND DOES 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.
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.
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.
Trustate shall use reasonable efforts to meet any performance dates specified in the Order Confirmation, but any such dates shall be estimates only.
As a customer who purchases Services from Trustate, you agree to
Customer's Acts or Omissions
If Trustate’s performance of its obligations under these Terms is prevented or delayed by any act or omission by you or your agents, subcontractors, consultants, or employees, Trustate shall not be deemed in breach of its obligations under these Terms or otherwise liable for any costs, charges, or losses sustained or incurred by you, in each case, to the extent arising directly or indirectly from such prevention or delay.
In consideration of the provision of the Services by Trustate, you hereby agree to pay the fees set forth on the Site and/or in the Order Confirmation (“Fees”).
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a Service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your Order Confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices for Services do not include taxes. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your Order Confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Except as otherwise noted, filing and recording fees may include all mandatory or applicable federal, state, county and local administrative fees, initial reports, publication notices, capitalization fees, franchise tax fees, expedite fees, certified copy fees, walk-in fees, postage, shipping fees, courier fees and other transactional fees incurred on your behalf by Trustate. You are responsible for the payment of all such fees.
You hereby agree to all Fees for all Services provided by Trustate under these Terms.
You agree to pay us the applicable amounts when due in accordance with the Order Confirmation, regardless of whether such Services are actively used. You agree to be responsible for payment for all activity by third parties under your account or pursuant to your Order who access or use the Services, regardless of whether such activity was authorized by You. Except as otherwise set forth in this Agreement, all payment obligations are non-cancelable and all amounts paid are nonrefundable and nonconvertible.
You must keep your contact information, billing information and credit card or bank account information (where applicable) up to date. All payment obligations are non-cancelable, and all amounts paid are non-refundable, except asspecifically provided for in these Terms. All Fees are exclusive of taxes, which Trustate will charge as applicable. You agree to pay any taxes applicable to the sale and your use of the Service. You acknowledge that you may access your purchased Services by logging in to My Account. For Services delivered electronically, you acknowledge that you will be notified via email when your delivery is completed and the purchase is available for download. Terms of payment are within our sole discretion.
Future Products and Services
If you choose to add an additional Service to your order subsequent to an initial purchase, these Terms will apply to that additional Service purchased as well.
Late Payments; Penalties
Trustate reserves the right to charge a late payment fee on amounts due, or the maximum rate permitted by law, whichever is less. In the event payments are not received by Trustate within 10 business days after becoming due, we may (i) charge interest on any such unpaid amounts at a rate of 5% per month or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid in full, inclusive of late charges; and (ii) suspend performance of and/or access to all Services until payment has been made in full. Without waiving any of our other rights or remedies, we may refuse additional orders and suspend any services until all overdue amounts, plus accrued interest, are paid in full.
You hereby acknowledge that if you dispute a charge to your account, you must contact the Trustate Customer Care Center immediately at email@example.com and Trustate will investigate the matter. If you do not submit a dispute within 10 days following our fulfillment of an Order, the charge will be final and not subject to dispute.
Trustate may, from time to time change the Services offered or purchased without your consent, provided that such changes do not materially affect the nature or scope of the Services, Fees or any performance dates set forth in the Order Confirmation.
Trustate may charge for the time we spend assessing and documenting a change request from you on a time and materials basis in accordance with the Order Confirmation.
Trustate may from time to time adjust the Fee(s) for all or any portion of the Services purchased on a Subscription basis. Any such adjustment shall become effective at the expiration of the then current term. If you do not wish to pay the adjusted Fees, you may elect to terminate the Service at the expiration of the then current term. If you do not send a termination notice within 30 days prior to the expiration of the then current term, or within thirty days of receipt of notice from us as to adjusted fees, you thereby accept the renewal and/or the adjusted fees. If you add Services in the middle of a billing period, you will be charged on a pro-rated basis for the additional Services and such additions will be coterminous with the then current term.
Order Cancellation by You
Should you choose to cancel your Trustate account, service, and/or Subscription, you hereby agree that any fees you have paid to Trustate through your account, for service and/or Subscription are non-refundable.
Order Acceptance and Cancellation by Trustate
You agree that your order is an offer to buy, under these Terms, all Services listed in your order. All orders must be accepted by Trustate in our sole discretion, or we will not be obligated to sell our Services to you. We may choose not to accept orders at our sole discretion. If for any reason we cannot fulfill an accepted order, we will notify you and refund to you the fees paid therefor.
You hereby acknowledge that, other than as required by applicable law, you shall have no right to cancel, request arefund or obtain credit for any order for which you have not accessed your account to receive the results after 120 days have elapsed from the purchase date. All itemization of Fees are displayed for convenience only. You hereby acknowledge that Trustate has exerted time and money for undertaking the work associated with all orders and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to Trustate for reimbursement of our commitment to service this order.
Electronic Records and Signatures
You hereby give Trustate consent to affix your electronic signature where required to file your documents and/or to correspond with third parties on your behalf. You hereby understand you may withdraw your consent, provided that your documents have not already been filed, by contacting the Trustate Customer Care Center immediately at firstname.lastname@example.org.
You hereby agree to notify Trustate immediately of any changes to your information, including but not limited to your bank account number, credit card number information (e.g., card number and expiration date), and/or your billing address.
You hereby agree that failure to provide Trustate with accurate, complete, and current information may result indelinquent payments. Trustate reserves the right to terminate Services and access to Services after a missed payment and may restrict your ability to purchase other Services, report information about this delinquency to credit bureaus, and/or pursue further collection efforts.
Trustate is entitled to rely on any communication received through your account or your contact information changing your account or payment information.
Accuracy of Information
To the best of your knowledge, you have provided accurate information to Trustate.
YOU ACKNOWLEDGE THAT TRUSTATE’S REVIEW OF YOUR ANSWERS IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. YOU WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING THEM, WHERE APPLICABLE, AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S) PRODUCED AND USED BY YOU.
Permitted Uses and Responsibilities
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 reasonable believes that you have violated these Permitted Uses and Responsibilities, Trustate may, in addition to any other remedy authorized by these Terms, 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. 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.
In the event that Trustate disables your account, you hereby acknowledge that Trustate, in its sole discretion, may decidenot to send any documents associated with your account to you or file any such documents with any governmentauthority, while your account is disabled.
You hereby acknowledge that Trustate will not be liable for any delays caused by these policies and procedures.
After your purchase, you may receive an email survey request from Trustate. Your responses(s) may be used or shared by us to improve the quality and delivery of our Services. You may choose to include your name when you respond to a survey; we will not, however, use your name in conjunction with your (otherwise anonymous) responses without your prior written consent.
Access to Internet; Internet Delays
To use our Services, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any Fees associated with such access. You are responsible for providing all equipment necessary tomake such connection to the Internet, including a computer and Internet access. Access to certain Trustate services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. You acknowledge that Trustate is not responsible for delays, delivery failures, or other damage resulting from such problems.
All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product, and other materials that are delivered to you under these Terms or prepared by or on behalf of Trustate in the course of performing the Services, including any items identified as such in the Order Confirmation (collectively, the “Deliverables”) shall be owned by Trustate.
You acknowledge that all materials and information disclosed by one party (“Discloser”) to the other party (“Recipient”) in connection with the performance of Services and these Terms consist of confidential and proprietary information (collectively, the “Confidential Information”) of the Discloser. For the avoidance of doubt, Confidential Information of Trustate includes all personal information about a decedent; provided, that you may use and disclose personal information as permitted by these Terms and requisite Consents. Each Recipient shall keep Discloser’s Confidential Information confidential and secure, and shall use its best efforts to protect the Confidential Information. Recipient will not disclose the Confidential Information to any third party except as specifically permitted herein or appropriate the Confidential Information for its own or another other party’s use or benefit. The Recipient will restrict its use of the Confidential Information to the purposes anticipated in these Terms. Confidential Information does not include information which
In the event that any party hereto receives a request to disclose all or any part of the Confidential Information of the other party under the terms of a valid and effective subpoena or order issued by a court of competent jurisdiction, each party receiving such request agrees to (i) promptly notify the other party of the existence, terms and circumstances surround such a request so that the other party may consider seeking a protective order or other appropriate remedy and/or waive compliance with the provisions of these Terms, (ii) reasonably consult with the other party on the advisability of taking legally advisable steps to resist or narrow such request, (iii) only disclose such portion of the Confidential Information as such party is required, in the opinion of counsel, to disclose and (iv) if disclosure of such information is required, exercise its best efforts, at the expense of the other party, to obtain an order or other reliable assurance that confidential treatment will be accorded to any Confidential Information that such party is required to disclose.
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, THE SERVICES, 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. TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER TRUSTATE, NOR ANY OF ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, OR LICENSORS 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.
Third Party Services
If you purchased a Service offering that involves third party services, you acknowledge that you may be required to accept additional terms located on the Third Party Service Provider site and pay additional Fees for third party services rendered by the Third Party Service Provider. The Third Party Service Provider may contact you by email and/or phone with instructions on how to access your benefits.
Trustate makes no endorsement or guarantees about the content or quality of third party services offered by a Third Party Service Provider. Trustate is not responsible for results or your use of third party services. You acknowledge that you bear all risks associated with access to and use of third party services and agree that Trustate is not responsible for anyloss or damage of any sort you may incur from dealing with a Third Party Service Provider. You should contact the Third Party Service Provider if you have any concerns regarding such services.
Governing Law; Venue
Any legal action or proceeding relating to these Terms is governed by the laws of the State of Delaware and the Dispute Resolution by Binding Arbitration contained in these Terms.
Dispute Resolution by Binding Arbitration
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our Customer Care Center at email@example.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 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.
(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:
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 the appealing 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 future change 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 the effective 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, andshall 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.
Trustate shall not be considered in breach of or default under these Terms or any contract with you, and shall not be liable to you for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine, pandemic or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for morethan 30 days in the aggregate, Trustate may immediately terminate these Terms and shall have no liability to you for oras a result of any such termination.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Trustate.
No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
If any provision of these Terms is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of these Terms shall remain operative and binding on Trustate and you.
We may provide any notice to you under these Terms by (i) sending a message to the e-mail address you provide or (ii) posting to the Site.
To give us notice under these Terms, can contact us by writing, emailing or calling us:
802 E. Whiting Street
Tampa, FL 33602
We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
Last updated: November 10, 2022