TERMS OF SERVICE

Effective Date: Immediately

THIS AGREEMENT INCLUDES MANDATORY MEDIATION, CLASS ACTION WAIVER, AND JURY WAIVER PROVISIONS. BY USING THE SIMPLE WILL SERVICES, YOU AGREE TO THESE PROVISIONS, WHICH APPEAR IN THESE TERMS.

Acceptance of these Terms and applicable definitions

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

The following definitions apply in these Terms of Service:

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

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

– “Simple Will”, “we”, “us” and “our” refer to Simple Will, PLLC (the owner and operator of www.simplewillnow.com) and our agents (including officers, managers, members, employees, consultants, and representatives).

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

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

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

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

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

Modifications

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

Additional terms and policies

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

Disclaimer

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

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

Simple Will is not a law firm and does not provide any legal advice. As part of our Services, we offer self-help, “fill in the blank” forms. If you buy or download a form on the Site, the Terms of Service control. You understand that your purchase, download, and/or use of a form document is neither legal advice nor the practice of law. Our Services are not substitutes for the advice of an attorney and if you need legal advice for your specific matter, or if your matter is too complex to be addressed by our tools, you should consult a licensed attorney in your area. At no time is an attorney-client relationship or any other special relationship created between you and Simple Will or any employee or other person associated with Simple Will, and any information you provide us is not protected by attorney-client privilege or as attorney work product. You are and will be representing yourself in any matter you undertake using the Services.

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

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

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

User expectations; estate planning and account content

A. Expectations regarding account users

You are solely responsible for your interactions with other users of the Services, including sharing your account information.

You are also solely responsible for the content you upload to our servers, and by using our products and services, you agree to abide by the rules related to any content you upload to or generate in relation to your Simple Will account.

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

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

B. Estate Plan Content and Account Content expectations

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

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

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

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

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

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

Simple Will will not keep any data, information or copies of your documents.

C. Use of artificial intelligence

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

Rights and user submissions

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

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

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

Limited license

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

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

Prohibited activities

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

Change of services

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

Payment

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

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

You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Billing

We offer Services as a one-time purchase. We do not offer subscriptions at this time.

There are no refunds for any unused Services unless required by law. EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR PURCHASE AT ANY TIME UNLESS REQUIRED BY LAW.

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

From time to time, we may offer trial, discounted, or other promotional rates. Such trial or promotional rates are subject to these Terms except as otherwise stated in the promotional offer, including which users are eligible for the promotional rates. Only one trial or promotional rate is available per household and may not be combined with any other promotion, except as otherwise stated in the promotional offer.
You agree that we (or our third-party payment processor) may store your payment method and related payment information. You authorize us (or our third-party payment processor) to automatically charge your payment method for any services. If any attempt to charge your payment method is not successful or if the payment fails for any reason, we may suspend or terminate your access to the Services without notice to you.

Risk and consent

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

Security and shared access

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

Third party services

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

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

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

YOU INDEMNIFY US

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

NO WARRANTY

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

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

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIMPLE WILL, ITS AFFILIATES, AGENTS, MANAGERS, MEMBERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICES.

UNDER NO CIRCUMSTANCES WILL SIMPLE WILL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMPLE WILL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) ANY CONTENT SUBMITTED OR UPLOADED OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. SIMPLE WILL EXPLICITLY DISCLAIMS ANY AND ALL LIABILITY AND/OR RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION THAT MAY BE DEEMED CONFIDENTIAL BY YOU OR ANY THIRD PARTY. IN NO EVENT SHALL SIMPLE WILL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SIMPLE WILL HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SIMPLE WILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Geography

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

Assignment

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

Controlling law and jurisdiction

You agree that: (i) the Services shall be deemed solely based in Texas; and (ii) the Services shall be deemed passive that do not give rise to personal jurisdiction over Simple Will, either specific or general, in jurisdictions other than Texas. You expressly agree that your rights and obligations, these Terms of Service and any disputes shall be governed by and interpreted in accordance with the laws of the state of Texas, excluding its choice of law rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Simple Will that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Wise County, Texas, unless submitted to mediation in accordance with the Dispute Resolution section of these Terms of Service. You also acknowledge and agree that you are waiving the right to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Simple Will otherwise agree in writing, the mediator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

Dispute resolution

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

As detailed herein, the Terms of Service mandate that any dispute, claim or controversy (whether in contract, tort, or otherwise) between you and Simple Will that arises out of or relates to the Services, the Site, or these Terms of Service, including but not limited to any claim that all or any part of these Terms of Service are void or voidable, whether a claim is subject to mediation, and any dispute regarding the payment, non-payment, or the timing of any administrative or mediator fees (collectively, “Disputes”) be resolved first through an informal dispute resolution process. In the event informal resolution fails, the Terms of Service further mandate that all Disputes be formally resolved through binding arbitration. Binding arbitration means that an arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve such disputes.

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

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

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

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

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

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

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

You hereby acknowledge and agree that by agreeing to these Terms of Service, you and Simple Will are each waiving the right to a trial by a jury to the maximum extent permitted by law.

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

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

Tax advice disclosure

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

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

Financial advice and features disclosure

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

Access to a deceased member’s account

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

Notification procedures

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

Our offices are located in Wise County, Texas.

Severability

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

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

Questions about the Terms of Service should be sent to us at support@simplewillnow.com.