Pursuant to the requirements of California Business and Professions Code Section 6410 relating to the provisions dealing with Legal Document Assistants, the following items must be included in any contract that is entered into with Trustmaker:
PRIOR TO AGREEING TO THIS CONTRACT, PLEASE SEE THE REQUIRED NOTICE TO YOU UNDER CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 6410.5.
Trustmaker is providing its Users an automated online assembly solution to Users who choose to prepare their own legal documents at User’s direction. Trustmaker is not providing legal, tax, investment, or any other type of advice that requires a license in the state in which User is accessing this website. User must access this website using their own personal computer through their internet connection, and must pay the applicable fees to assemble the documents that the User assembles. Trustmaker is not a substitute for the advice of an attorney.
User has permission to download, view, copy and print any self-generated document on any computer solely for User’s personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any document not be altered or removed, (ii) the documents are not used on any other website or in a networked computer environment and (iii) the documents are not altered in any way except for authorized editing of the forms for User’s personal use. This permission is a limited, personal, non-exclusive, non-transferable license for User’s own personal or internal business use. User specifically agrees not to purchase the documents for resale or distribution without the express written consent of Trustmaker.
The site is provided by Trustmaker on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Trustmaker makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Trustmaker shall have no liability for any interruptions in the use of this Website. Trustmaker disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable in those jurisdictions.
Trustmaker SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Trustmaker SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Trustmaker HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES TO HOLD ALL OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY DAMAGES THAT RESULT FROM THE USE OF THIS WEBSITE (INCLUDING ALL ATTORNEYS FEES AND RELATED COSTS AND EXPENSES OF LITIGATION). SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE IN THOSE JURISDICTIONS. DUE TO THE LAW CHANGING RAPIDLY, Trustmaker CANNOT GUARANTEE THAT ALL OF THE INFORMATION ON THE Trustmaker WEBSITE OR APPLICATIONS IS COMPLETELY CURRENT. NO SERVICE LIKE Trustmaker CAN FIT EVERY CLIENT’S UNIQUE SITUATION AND THEREFORE THE INFORMATION ON THIS SITE IS NOT LEGAL ADVICE AND IS NOT GUARANTEED TO BE CORRECT OR UP TO DATE.
User agrees to indemnify and hold Trustmaker, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by User or any third party due to or arising out of User's use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.
Trustmaker reserves the right to modify or discontinue the Service with or without notice to the User. Trustmaker shall not be liable to User or any third party should Trustmaker exercise its right to modify or discontinue the Service. User acknowledges and accepts that Trustmaker does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
While Trustmaker makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Trustmaker makes no warranties or representations whatsoever with regard to any product provided or offered by any third party (including Vendors), and you acknowledge that any reliance on representations and warranties provided by any third party (including Vendors) shall be at your own risk.
This website is owned by Legacy Planners, LLC, and operated and provided solely in the County of Orange in the state of California. As such, we are subject to the laws of the State California, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site, you agree to do so subject to the internal laws of the State California, and you agree to have California law govern any dispute regarding the use of the Trustmaker website. Furthermore, all disputes shall be resolved through binding arbitration or small claims court as described below in this Agreement.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2013 Trustmaker, with all rights reserved, or is the property of Trustmaker and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Trustmaker is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Trustmaker.
All trademarks displayed on Trustmaker’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Trustmaker.
When accessing Trustmaker’s website or using the Trustmaker document assembly service through the website, you agree to obey the laws and respect the intellectual property rights of Trustmaker. Your use of the service and the website 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, transmit or otherwise distribute any information in violation of any person or entity’s copyrights, trademarks, or other intellectual property or proprietary rights.
Pursuant to Section 512© of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Trustmaker designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail:
Attn: Mark Ziebold, Esq.
9870 Research Drive, Suite 209
Irvine, CA 92618
By Telephone: 888-948-7904
By Email: Mark.Ziebold@trustmaker.net
Trustmaker retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Trustmaker reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Trustmaker shall not be considered in breach of or default under this Agreement and shall not be liable 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 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 (a “Force Majeure Event”).
Trustmaker’s review of my answers is limited to completeness, spelling, grammar, and for the consistency of names and contact information. Each User agrees to completely read each and every document generated by the Trustmaker website and agrees to be solely responsible for its contents.
Trustmaker values your privacy and takes every necessary step in order to protect your private information. Based on this, Trustmaker will not share your private information with any Referring Organization except as set forth in this paragraph. If User used or received a referral code from a Referring Organization (as defined in this Agreement), then Trustmaker will share with the Referring Organization the contact information of the person who used the referral code and the User’s progress through the document preparation process. Trustmaker will not share any information regarding Users asset information or other personal information with the Referring Organization. If the Referring Organization is a charitable organization and the User decides to remembered the Referring Organization in the User’s legal documents, Trustmaker will request permission from the User to share with the Referring Organization any charitable decision by the User to remember the Referring Organization for the Referring Organization’s own record keeping purposes. Trustmaker will also share aggregate statistics of all related Users with the Referring Organization while protecting the privacy of individual User’s information.
User may be referred to Trustmaker from a nonprofit organization, law firm, or some other type of entity (referred to in this paragraph in the aggregate as the “Referring Organizations”). User specifically agrees to hold any such Referring Organization harmless for any reason that results from the use of the Trustmaker website by User. User agrees to avoid any kind of litigation, mediation, arbitration, or claim of any manner under any legal theory against those Referring Organizations.
User should be aware that all of the calculations provided in the Trustmaker website, including any calculations related to estimated income tax, estate tax, gift tax, generation skipping tax or other taxes, probate fees and costs, and any other expense of an estate or individual that is set forth in the Trustmaker website is an estimate and should not be construed or understood to be the exact number that would occur in User's specific situation. There are many factors that could impact these calculations that are not built into the Trustmaker website and we cannot and do not guarantee their applicability or accuracy in regards to your individual circumstances. All examples are hypothetical and are for illustrative purposes. We encourage you to seek personalized advice from qualified professionals including a certified public accountant or attorney.