AmericaEstatePlan.com
TERMS OF USE — AMERICAESTATEPLAN.COM — OPERATED BY AMERICA ESTATE PLAN INC — EFFECTIVE DATE: JUNE 23, 2026 — VERSION 1.0 — PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE AMERICAESTATEPLAN.COM PLATFORM. BY ACCESSING OR USING THE PLATFORM IN ANY MANNER, INCLUDING COMPLETING THE ESTATE PLANNING TOOL, SUBMITTING YOUR INFORMATION, OR RECEIVING ESTATE PLANNING DOCUMENTS GENERATED BY THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE, OUR PRIVACY POLICY, AND OUR LEAD SHARING & CONSENT POLICY, EACH OF WHICH IS INCORPORATED HEREIN BY REFERENCE AND CONSTITUTES PART OF A SINGLE BINDING LEGAL AGREEMENT BETWEEN YOU AND AMERICA ESTATE PLAN INC. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS PLATFORM.
ARTICLE I — ACCEPTANCE, MODIFICATION, AND INTERPRETATION. 1.01 Acceptance of Terms. By accessing, browsing, or using AmericaEstatePlan.com (the "Platform") in any manner, you irrevocably accept and agree to be bound by these Terms of Use. This acceptance is effective as of the first date on which you access or use the Platform. 1.02 Modification of Terms. America Estate Plan Inc reserves the right to modify, amend, supplement, or restate these Terms of Use at any time in its sole and absolute discretion, without prior notice to you, except as may be required by applicable law. Modified Terms will be posted on the Platform with an updated effective date. Your continued use of the Platform following the posting of any modifications constitutes your irrevocable acceptance of the modified Terms. It is your sole responsibility to review these Terms periodically for changes. 1.03 Entire Agreement. These Terms of Use, together with the Privacy Policy and the Lead Sharing & Consent Policy, constitute the entire and exclusive agreement between you and America Estate Plan Inc with respect to your use of the Platform and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, with respect to such subject matter. 1.04 Definitions. Capitalized terms used but not defined in these Terms of Use have the meanings ascribed to them in the Privacy Policy or the Lead Sharing & Consent Policy, as applicable. "Platform" means the AmericaEstatePlan.com website and all pages, tools, features, and services. "Company" means America Estate Plan Inc. "Estate Planning Documents" means the Last Will and Testament, Revocable Living Trust Agreement, and other documents generated by the Platform. "Consumer" means any person who accesses or uses the Platform.
ARTICLE II — DESCRIPTION OF SERVICE AND NATURE OF ESTATE PLANNING DOCUMENTS. 2.01 Nature of the Platform. AmericaEstatePlan.com is an online estate planning tool that allows Consumers to complete a structured questionnaire covering their estate planning wishes and preferences and to receive in return a drafted Last Will and Testament and/or Revocable Living Trust Agreement generated from the Consumer's responses, delivered by email in PDF format. 2.02 Drafted estate planning documents. The Estate Planning Documents generated by the Platform are drafted legal documents that incorporate standard legal language, clauses, and provisions commonly used in estate planning practice in the United States. These documents include signature blocks, witness attestation sections, notary acknowledgment provisions, and other formal elements required or recommended for the valid execution of estate planning instruments. The Company's Estate Planning Documents are designed to become legally effective instruments when properly executed by the Consumer in strict accordance with the laws of the Consumer's state of residence. 2.03 Execution requirements. Estate Planning Documents do not become legally effective until they are properly executed in strict accordance with the laws of the Consumer's state of residence. For a Last Will and Testament, proper execution generally requires the Consumer to sign the document at or near the end in the simultaneous presence of the required number of independent adult witnesses (generally two, except in Vermont where three witnesses are required and Louisiana where a notary public is also required), who must also sign the document in the Consumer's presence. For a Revocable Living Trust, proper execution generally requires the Consumer to sign the document before a Notary Public, with witnesses also required in certain states including Florida and Louisiana. The Consumer's specific state execution requirements are displayed during the kit completion process and included in the email delivery of the Consumer's Estate Planning Documents. Failure to properly execute Estate Planning Documents in accordance with applicable state law renders those documents legally ineffective, and the Company bears absolutely no responsibility for such failure or for any consequences thereof. 2.04 Funding of trusts. For Revocable Living Trust consumers, the Trust Agreement alone does not protect assets from probate. Assets must be formally retitled into the name of the Trust through appropriate legal instruments, including deeds recorded in applicable county recorder offices for real property, account retitling with financial institutions for bank and investment accounts, and appropriate beneficiary designation changes for life insurance and retirement accounts. The Company does not provide any service related to trust funding and bears no responsibility for the Consumer's failure to properly fund the Trust. 2.05 No guarantee of legal sufficiency. The Company makes no representation, warranty, or guarantee that Estate Planning Documents generated by the Platform are appropriate for any particular Consumer's circumstances, legally sufficient under applicable law, or will achieve the Consumer's estate planning objectives. 2.06 Availability of service. The Platform is provided at no cost to Consumers. The Company reserves the right to modify, suspend, discontinue, or terminate access to the Platform or any feature thereof at any time, with or without notice, without liability to any Consumer or third party.
ARTICLE III — NOT A LAW FIRM — NO ATTORNEY-CLIENT RELATIONSHIP — NO LEGAL ADVICE. 3.01 Not a law firm. AmericaEstatePlan.com and America Estate Plan Inc are not law firms, do not practice law, and do not employ attorneys who practice law on behalf of Consumers. The Company is an estate planning documentation and organizational tool provider only. 3.02 No attorney-client relationship. No attorney-client relationship is formed between any Consumer and the Company at any time, regardless of the nature or extent of the Consumer's use of the Platform, the amount of information shared by the Consumer with the Company, or the nature of any communication between the Consumer and the Company. The Company does not represent any Consumer in any legal matter. The Company does not have and cannot assert attorney-client privilege on behalf of any Consumer. 3.03 No legal advice. Nothing on the Platform, in any Estate Planning Document, in any email or other communication from the Company, or in these Terms of Use or any other Company policy constitutes legal advice. The Company does not advise Consumers on the legal implications of any estate planning decision. The Company does not review Consumer-provided information for legal accuracy, legal sufficiency, or consistency with applicable law. 3.04 Recommendation to seek legal counsel. The Company strongly recommends that all Consumers consult with a licensed estate planning attorney in their state of residence before signing any Estate Planning Document, and particularly in any of the following circumstances: the Consumer has a blended family or children from a prior relationship; the Consumer has minor children; the Consumer has a beneficiary with special needs who receives government assistance; the Consumer owns real estate in more than one state; the Consumer has business interests including interests in corporations, limited liability companies, or partnerships; the Consumer has retirement accounts (401(k), IRA, or similar) and wishes to designate the Trust as beneficiary; the Consumer's estate may be subject to federal or state estate taxes; the Consumer wishes to disinherit a spouse or child; the Consumer lives in a community property state and is uncertain how to characterize marital property; or the Consumer does not fully understand any provision of the Estate Planning Documents generated by the Platform. 3.05 No responsibility for legal consequences. The Company is not responsible for any legal, financial, or other consequences arising from the Consumer's use of the Platform, including any claim that Estate Planning Documents are invalid, unenforceable, legally insufficient, or inconsistent with the Consumer's intent, regardless of whether such claim arises from errors in information provided by the Consumer, from the Company's document generation process, from improper execution by the Consumer, or from any other cause.
ARTICLE IV — CONSUMER REPRESENTATIONS, WARRANTIES, AND ELIGIBILITY. 4.01 Representations and warranties. By using the Platform, the Consumer represents and warrants to the Company, as of the date of each use and each submission, that: (a) the Consumer is of the age of majority in the Consumer's state of residence (generally eighteen (18) years of age or older) and has the full legal capacity to enter into binding agreements and to make a valid Last Will and Testament and/or Revocable Living Trust; (b) the Consumer is of sound mind and memory at the time of using the Platform and is not suffering from any mental illness, cognitive impairment, or other condition that would affect the Consumer's legal capacity to make a Will or Trust; (c) the Consumer is not acting under duress, menace, fraud, undue influence, or misrepresentation by any person in connection with the Consumer's completion of the estate planning tool; (d) all information provided by the Consumer through the Platform is accurate, complete, current, and truthful to the best of the Consumer's knowledge and belief; (e) the Consumer understands that Estate Planning Documents generated by the Platform must be properly executed in strict accordance with applicable state law to be legally effective, and that the Consumer is solely responsible for such proper execution; (f) the Consumer has individually confirmed each of the twelve declarations presented to the Consumer prior to beginning the estate planning tool; (g) the Consumer is using the Platform for lawful purposes only and in compliance with all applicable laws and regulations; (h) the Consumer is a resident of one of the fifty United States or the District of Columbia, or is completing estate planning for property or beneficiaries located in the United States; and (i) the Consumer's use of the Platform does not violate any agreement to which the Consumer is a party or any applicable law. 4.02 Accuracy of information. The Consumer acknowledges that the accuracy, completeness, and legal sufficiency of Estate Planning Documents generated by the Platform depends entirely on the accuracy and completeness of the information provided by the Consumer. The Company is not responsible for inaccuracies, omissions, or errors in Estate Planning Documents arising from information that is incorrect, incomplete, outdated, or otherwise deficient as provided by the Consumer.
ARTICLE V — ATTORNEY REFERRALS, LEAD SHARING, AND COMPENSATION DISCLOSURE. 5.01 Consent to attorney contact. By submitting the estate planning kit, the Consumer consents to being contacted by licensed estate planning Attorney Partners of AmericaEstatePlan.com, including Legacy First Law, regarding estate planning legal services. The specific terms of this consent, including the identity of all Attorney Partners, the information shared with Attorney Partners, the methods by which Attorney Partners may contact the Consumer, and the Consumer's opt-out rights, are set forth in detail in the Company's Lead Sharing & Consent Policy, which is incorporated into these Terms of Use by reference. The Consumer's consent to attorney contact is not a condition of receiving Estate Planning Documents; Consumers who decline attorney contact may opt out pursuant to the procedures set forth in the Lead Sharing & Consent Policy. 5.02 Independence of Attorney Partners. Attorney Partners are independent businesses. They are not employees, agents, or representatives of the Company. The Company does not supervise, direct, or control the legal services provided by Attorney Partners. The Company does not endorse, guarantee, or warrant the competence, qualifications, services, or advice of any Attorney Partner. 5.03 Compensation disclosure. The Company receives monetary compensation from Attorney Partners in connection with lead referrals. This compensation is the Company's primary source of revenue and is the economic basis on which the Platform is provided at no cost to Consumers. The existence of a compensation arrangement does not affect the content of Estate Planning Documents or the Company's obligations under these Terms.
ARTICLE VI — INTELLECTUAL PROPERTY. 6.01 Company intellectual property. The Platform and all content, software, design, graphics, text, images, logos, trade names, service marks, and other materials comprising the Platform (collectively, "Platform Content") are owned by or licensed to the Company and are protected by applicable copyright, trademark, trade secret, and other intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or exploit any Platform Content without the Company's prior written consent. 6.02 Consumer information license. The Consumer retains ownership of the personal information and estate planning wishes provided through the Platform. By using the Platform, the Consumer grants the Company a non-exclusive, royalty-free, worldwide license to use, process, and disclose Consumer information as described in these Terms and the accompanying Privacy Policy and Lead Sharing & Consent Policy.
ARTICLE VII — DISCLAIMERS OF WARRANTIES. 7.01 "As Is" basis. THE PLATFORM AND ALL SERVICES AND ESTATE PLANNING DOCUMENTS PROVIDED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND LEGAL SUFFICIENCY. 7.02 Specific disclaimers. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT: (A) THE PLATFORM WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE AT ANY TIME; (B) ESTATE PLANNING DOCUMENTS GENERATED BY THE PLATFORM WILL BE LEGALLY SUFFICIENT, VALID, ENFORCEABLE, OR EFFECTIVE UNDER APPLICABLE LAW; (C) ESTATE PLANNING DOCUMENTS WILL ACHIEVE ANY PARTICULAR ESTATE PLANNING OBJECTIVE; (D) THE PLATFORM OR ESTATE PLANNING DOCUMENTS WILL BE FREE FROM ERRORS, OMISSIONS, OR INACCURACIES; (E) ESTATE PLANNING DOCUMENTS WILL BE APPROPRIATE FOR THE CONSUMER'S SPECIFIC CIRCUMSTANCES; OR (F) ANY INFORMATION OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR SUITABLE FOR ANY PURPOSE.
ARTICLE VIII — LIMITATION OF LIABILITY. 8.01 Exclusion of consequential damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUCCESSORS, OR PERMITTED ASSIGNS (COLLECTIVELY, THE "COMPANY PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF OR IN ANY WAY RELATING TO: (A) YOUR USE OF OR INABILITY TO USE THE PLATFORM; (B) ANY ESTATE PLANNING DOCUMENT GENERATED BY THE PLATFORM THAT IS CLAIMED TO BE INVALID, UNENFORCEABLE, INADEQUATE, LEGALLY INSUFFICIENT, OR OTHERWISE INEFFECTIVE UNDER APPLICABLE LAW; (C) ANY ERRORS, OMISSIONS, OR INACCURACIES IN ESTATE PLANNING DOCUMENTS ARISING FROM INFORMATION YOU PROVIDED; (D) YOUR FAILURE TO PROPERLY EXECUTE, WITNESS, NOTARIZE, OR OTHERWISE COMPLETE THE FORMALITIES REQUIRED FOR YOUR ESTATE PLANNING DOCUMENTS UNDER APPLICABLE STATE LAW; (E) THE CONDUCT, ACTS, OR OMISSIONS OF ANY ATTORNEY PARTNER OR THEIR LEGAL SERVICES; (F) ANY CLAIM BY ANY BENEFICIARY, HEIR, CREDITOR, OR OTHER PERSON ARISING FROM YOUR ESTATE PLANNING DOCUMENTS; (G) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION; OR (H) ANY OTHER MATTER ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED AND WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.02 Aggregate liability cap. THE TOTAL CUMULATIVE LIABILITY OF THE COMPANY PARTIES TO YOU FOR ALL CLAIMS OF ANY KIND ARISING FROM OR RELATED TO THESE TERMS, THE PRIVACY POLICY, THE LEAD SHARING & CONSENT POLICY, OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD), REGARDLESS OF THE FORM OF ACTION OR THE THEORY OF RECOVERY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE, OR OTHERWISE. 8.03 Essential basis of bargain. THE CONSUMER ACKNOWLEDGES THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN ARTICLES VII AND VIII REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PLATFORM IS PROVIDED AT NO COST TO THE CONSUMER, AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE PROPORTIONATE TO THE CONSIDERATION PROVIDED. 8.04 Time limitation. ANY CLAIM OR CAUSE OF ACTION ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. CLAIMS NOT COMMENCED WITHIN THIS PERIOD ARE PERMANENTLY BARRED, REGARDLESS OF ANY APPLICABLE STATUTE OF LIMITATIONS.
ARTICLE IX — INDEMNIFICATION. 9.01 Consumer indemnification obligation. You agree to indemnify, defend (at the Company's election), and hold harmless the Company Parties from and against any and all claims, demands, actions, proceedings, losses, liabilities, judgments, awards, damages, penalties, fines, costs, and expenses of any kind (including without limitation reasonable attorneys' fees, expert witness fees, paralegal fees, and court costs) arising out of or relating to: (a) your use of or access to the Platform or any Estate Planning Documents generated thereby; (b) any claim by any beneficiary, heir, creditor, executor, trustee, guardian, or other person arising from your estate planning decisions or Estate Planning Documents; (c) your breach of any representation, warranty, obligation, covenant, or agreement made by you in these Terms, the Privacy Policy, or the Lead Sharing & Consent Policy; (d) your violation of any applicable law, regulation, rule, court order, or third-party right; (e) any inaccuracy in information provided by you through the Platform that results in inaccuracies in Estate Planning Documents; (f) your failure to properly execute, witness, notarize, or otherwise complete the formalities required for your Estate Planning Documents under applicable state law; (g) your failure to properly fund any Revocable Living Trust generated by the Platform; or (h) any claim by any third party arising from your receipt of contact from any Attorney Partner following your consent to lead sharing. 9.02 Cooperation. You agree to cooperate fully with the Company in the defense of any matter subject to indemnification under this Article. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
ARTICLE X — DISPUTE RESOLUTION. 10.01 Pre-dispute notice. Before initiating any formal legal proceeding, arbitration proceeding, or regulatory complaint (other than a complaint filed directly with a government agency) arising from or related to these Terms or your use of the Platform, you agree to provide the Company with written notice at support@americaestateplan.com describing in reasonable detail the nature of the dispute, the specific provisions alleged to have been violated, and the relief sought, and to allow the Company sixty (60) days from receipt of such notice to investigate and propose an informal resolution. 10.02 Binding arbitration. Any dispute not resolved through the informal process described in Section 10.01 shall be resolved exclusively through binding arbitration. YOU WAIVE ALL RIGHTS TO A JURY TRIAL AND ALL RIGHTS TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. Arbitration shall be conducted on an individual basis only. 10.03 Governing law. These Terms and any dispute arising hereunder shall be governed by applicable law. 10.04 Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force and effect. 10.05 Waiver. The Company's failure to enforce any Term shall not constitute a waiver of the right to do so in the future. 10.06 Assignment. The Company may assign these Terms without your consent. You may not assign these Terms without the Company's prior written consent.
ARTICLE XI — MISCELLANEOUS PROVISIONS. 11.01 No third-party beneficiaries. These Terms do not create any third-party beneficiary rights. 11.02 Force majeure. The Company is not liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, power failures, internet disruptions, or failures of third-party service providers. 11.03 Electronic communications consent. You consent to receive these Terms and all related notices in electronic form. Electronic delivery satisfies any requirement that such disclosures be provided in writing. 11.04 Relationship of parties. Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship between you and the Company. 11.05 Headings. Section headings are for convenience only and do not affect interpretation. 11.06 Contact. For all matters relating to these Terms: support@americaestateplan.com — AmericaEstatePlan.com — Operated by America Estate Plan Inc — Not a law firm — Not legal advice — Effective: June 23, 2026 — Version 1.0.
This platform is operated by America Estate Plan Inc. Not a law firm. Not legal advice. For privacy requests contact support@americaestateplan.com.