Company Not Providing Legal Advice
You acknowledge that the Company and its affiliates, subsidiaries, officers, directors, employees or agents (each, a “Company Party,” and collectively, the “Company Parties”) are not licensed to practice law, cannot provide legal advice to you, and are not acting as your attorney in connection with the preparation or execution of any documents or the use of any materials or information provided in the Legacy Will Kit or otherwise. Use of this Legacy Will Kit will not create an attorney-client relationship or attorney-client privilege between you and the Company or any Company Party. This Legacy Will Kit contains general information that should not be construed as legal advice and is not a substitute for the advice or services of an attorney. You should have your own counsel review your estate planning or other documents prepared from the Legacy Will Kit for compliance with the applicable state law requirements and your intent.
Binding Arbitration and Waiver of Right to Trial by Jury or to Participate in Class Action
You hereby agree that if a dispute, claim or controversy arises between you and the Company or any Company Party in connection with or in any way related to this Legacy Will Kit, including the use of any of the estate planning or other forms or materials contained in the Legacy Will Kit, including the Legacy Will Kit Website, such dispute, claim or controversy will be submitted to and decided by binding arbitration rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit, uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery, and is subject to very limited review by the court. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY OR ANY COMPANY PARTY ONLY IN AN ARBITRATION PROCEEDING AND ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. YOU FURTHER AGREE THAT ANY ARBITRATION OF DISPUTES BETWEEN YOU AND THE COMPANY OR ANY COMPANY PARTY WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND CLASS ARBITRATIONS AND THAT CLASS ACTIONS ARE NOT PERMITTED. BY AGREEING TO SUBMIT THESE CLAIMS TO ARBITRATION, YOU ARE ALSO WAIVING YOUR RIGHT TO A JURY TRIAL.
The American Arbitration Association will conduct the arbitration of any such dispute, claim or controversy brought by you under its Commercial Arbitration Rules. Arbitration hearings will take place in McKinney, Texas. A single arbitrator will be appointed. Any award shall be final and binding upon the parties.
Federal Arbitration Act Controls
Your agreement to arbitrate claims as provided herein evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provision. The arbitration provision contained herein will survive until the expiration of the statute of limitations on any claim that may be made by you as described herein.
This Legacy Will Kit is provided on an “as is” basis. To the fullest extent permitted by law, the Company expressly disclaims any 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. The Company makes no warranty that the Legacy Will Kit or the forms contained therein will (i) meet your particular needs or requirements; (ii) be error-free; (iii) be accurate or reliable; (iv) be of a quality that will meet your expectations; or (v) comply with the law of the state where you reside or where any of your estate planning documents may be executed.
Limitation of Liability and Indemnification
To the maximum extent allowed by law, you agree that you will hold the Company and Company Parties harmless from any claims, liability, damages, and/or costs (including but not limited to attorney’s fees and costs) arising from any dispute, claim or controversy involving this Legacy Will Kit, including any third-party claims. To the maximum extent permitted by applicable law, the Company and the Company Parties will not be liable to you or any third party for any indirect, punitive, special, incidental, or consequential damage however they arise (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 in contract, negligence, strict liability, fraud, misrepresentation or other tortious action, in any way arising out of or related to the Legacy Will Kit, including the forms or other materials provided to you whether from the Legacy Will Kit website or otherwise. To the maximum extent permitted by law, if there is liability found on the part of the Company or any Company Party involving or related in any way to the Legacy Will Kit or your use of the forms or information contained in the Legacy Will Kit, this brochure, the Legacy Will Kit website or otherwise, the total liability of the Company and Company Parties’ liability will be limited to One Hundred Dollars ($100.00). Under no circumstances will the Company or any Company Party be liable for any consequential or punitive damages.
Acknowledgment and Binding Effect
Company Privacy Policies
By using the Legacy Will Kit, including this brochure, the forms, the information or other materials provided or available to you on the Legacy Will Kit Website, you are also agreeing to be bound by the Company Privacy Policies as posted from time to time on the Legacy Will Kit Website.