YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE EDUCATIONAL TOOLS YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
CL Trust Solutions provides an online informational portal to give visitors a general understanding of private trusts and to provide an educational self-help tools and documents which you may choose to use at your own discretion. The Site includes general information on commonly encountered legal issues. The CL Trust Solutions Educational Tools also include a review of your answers for completeness, spelling, and for internal consistency of names, addresses and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. CL Trust Solutions is not a law firm and may not perform services performed by an attorney. CL Trust Solutions, its Educational tools, and its forms or templates are not a substitute for the advice or services of an attorney.
CL Trust Solutions strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, CL Trust Solutions cannot guarantee that all of the information on the Site, Educational Tools and/or documents is completely current. The law 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 CL Trust Solutions provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications 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, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
From time to time, CL Trust Solutions may perform certain attorney access Educational Tools and introduce our visitors to attorneys through various methods, including but not limited to (i) legal plans, (ii) third party attorney directory listings, and (iii) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with CL Trust Solutions through the performance of any such educational tools.
This Site and Applications are not intended to create any attorney-client relationship, and your use of CL Trust Solutions does not and will not create an attorney-client relationship between you and CL Trust Solutions. Instead, you are and will be representing yourself in any legal matter you undertake through CL Trust Solutions' legal document service.
When you become a Member to use or access certain portions of the Site, Applications, or the Educational tools, you must provide complete and accurate information as requested on the registration / application process. You may also be asked to provide a user name and password. This user name and password may be used for this Site, and/or a referred site. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify CL Trust Solutions immediately of any unauthorized use of your account, user name or password. CL Trust Solutions 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 CL Trust Solutions, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.
2. Ownership. This Site and Applications are owned and operated by CL Trust Solutions. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by CL Trust Solutions or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by CL Trust Solutions, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of CL Trust Solutions' intellectual property rights, whether by estoppel, implication or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. CL Trust Solutions does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by CL Trust Solutions. Any rights not expressly granted herein are reserved by CL Trust Solutions.
4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than CL Trust Solutions (each a "Third Party Site"). CL Trust Solutions works with a number of partners and affiliates whose sites are linked with CL Trust Solutions. CL Trust Solutions may also provide links to other citations or resources with whom it is not affiliated. CL Trust Solutions is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, Educational Tools or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. CL Trust Solutions makes no guarantees about the content or quality of the products or Educational Tools provided by such sites. CL Trust Solutions is not responsible for webcasting or any other form of transmission received from any Third Party Site. CL Trust Solutions is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CL Trust Solutions of the Third Party Site, nor does it imply that CL Trust Solutions 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 a Third Party Site and agree that CL Trust Solutions is not responsible for any loss or damage of any sort you may incur from dealing with a third party. 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.
License to Use.
CL Trust Solutions grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the "Forms") for your own personal, internal business use, or if you are an attorney or professional, for your 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.
Resale of Forms Prohibited.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of CL Trust Solutions.
6. 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 emailing our Admin Team at [email protected] . In the unlikely event that the CL Trust Solutions is unable to resolve your complaint to your satisfaction (or if CL Trust Solutions 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 neutral arbitrator 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. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, CL Trust Solutions could/may pay a portion of costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from CL Trust Solutions to the same extent or more as you would in court. The arbitrator shall apply the same limitations period that would apply in court.
You may speak with independent counsel before using this Site or completing any purchase.
(a) CL Trust Solutions and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes 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 based in 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 "CL Trust Solutions," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Educational Tools 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.
You agree that, by entering into these Terms, you and CL Trust Solutions are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(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 CL Trust Solutions may be found by contract the Admin Team at [email protected] (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 CL Trust Solutions and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or CL Trust Solutions may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by CL Trust Solutions or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or CL Trust Solutions is entitled.
Rights and Responsibilities of CL Trust Solutions.
CL Trust Solutions is not the publisher or author of all User Content. CL Trust Solutions takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, CL Trust Solutions takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.
If CL Trust Solutions' technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, CL Trust Solutions reserves the right to delete those files or to stop those processes. If the CL Trust Solutions technical staff suspects a user name is being used by someone who is not authorized by the proper user, CL Trust Solutions may temporarily disable that user's access in order to preserve system security. In all such cases, CL Trust Solutions will contact the member as soon as feasible.
CL Trust Solutions has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
Rights and Responsibilities of CL Trust Solutions Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any CL Trust Solutions service that allows interaction or dissemination of information. In posting User Content, you agree 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 below;
- that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti discrimination, or false advertising). Please see Compliance with Export Restrictions below;
- 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 or encourages 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;
You are not required to provide your real name when signing up as a user of CL Trust Solutions. CL Trust Solutions permits anonymous or pseudonymous accounts. Any user may request that such member's email address be hidden to provide for additional privacy.
9. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CL TRUST SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CL TRUST SOLUTIONS MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, EDUCATIONAL TOOLS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. CL TRUST SOLUTIONS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
10. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD CL TRUST SOLUTIONS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF CL TRUST SOLUTIONS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF CL TRUST SOLUTIONS, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR EDUCATIONAL TOOLS, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Unsolicited Submissions. Except as may be required in connection with your use of CL Trust Solutions Educational Tools, CL Trust Solutions does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to CL Trust Solutions through or in association with this Site shall be considered non-confidential and CL Trust Solutions' property. By providing such submissions to CL Trust Solutions you hereby assign to CL Trust Solutions, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. CL Trust Solutions shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
12. Compliance with Intellectual Property Laws. When accessing CL Trust Solutions Site, you agree to obey the law and you agree to respect the intellectual property rights of 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 any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and 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 CL Trust Solutions user account.
CL Trust Solutions has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of CL Trust Solutions or of a third party or that violate intellectual property rights generally. CL Trust Solutions' policy is to remove such infringing content or materials and investigate such allegations immediately.
- Notice. CL Trust Solutions has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company's policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) 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 the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The above written information must be sent to our registered Copyright Agent who may be reached by email our Admin Team at [email protected]
14. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
15. Personal Use. The site is made available for your personal use on your own behalf.
16. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
18. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, CL Trust Solutions ALL RIGHTS RESERVED.
19. Trademarks. CL Trust Solutions, the Site, the bi-colored CL Trust Solution’s logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of CL Trust Solutions. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
20. Use of Testimonials and Media Endorsements. The media hosts on the Site endorse CL Trust Solutions as paid spokespeople in our advertising campaigns.
21. Inquiries. BY USING CL TRUST SOLUTIONS' EDUCATIONAL TOOLS OR ACCESSING THE CL TRUST SOLUTIONS SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO CL TRUST SOLUTIONS VIA THE CL TRUST SOLUTIONS SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO CL TRUST SOLUTIONS, AND THAT CL TRUST SOLUTIONS MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
22. Right to Refuse. You acknowledge that CL Trust Solutions reserves the right to refuse service to anyone and to cancel user access at any time.
24. Refunds. CL TRUST SOLUTIONS PROVIDES EACH AND EVERY NEW MEMBER WHO PURCHASES A PACKAGE FROM THE CLTS ON DEMAND WEBSITE A 30 CALENDAR DAY GUARANTEE FROM TIME OF PURCHASE. SHOULD YOU FIND THAT THE PACKAGE YOU'VE PURCHASED IS NOT BEST SUITED FOR YOU, YOU MAY CANCEL AT ANY TIME WITHIN YOUR INITIAL 30 CALENDAR DAY WINDOW TO RECEIVE A FULL REFUND. AFTER 30 CALENDAR DAYS FROM YOUR INITIAL DATE OF PURCHASE PER INDIVIDUAL PACKAGE, CL TRUST SOLUTIONS DOES NOT PROVIDE REFUNDS (PARTIAL OR OTHERWISE) FOR ANY REASON.
MEMBERS MAY CANCEL AT ANY TIME, HOWEVER NO REFUND OF PREVIOUS SUBSCRIPTION PAYMENTS MADE WILL OCCUR PAST THE 30 CALENDAR DAY ANNIVERSARY FROM DATE OF INITIAL PURCHASE PER EACH INDIVIDUAL SUBSCRIPTION PLAN.