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Terms and Conditions

By accessing and using CryptoTrustandWill's website, products, and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You also agree to be bound by all applicable laws and regulations, including the requirement to arbitrate any disputes you may have regarding our site and services.

Definitions

The following definitions apply in these Terms of Service:
  • Site: Refers to any website made available by CryptoTrustandWill.

  • Services: Refers to the Site and all services, self-help documents, forms, and templates provided by CryptoTrustandWill.

  • CryptoTrustandWill,, we, us, and our: Refer to Huge Legal Technology Company, Inc. (the owner and operator of www.cryptotrustandwill.com and our agents (including officers, directors, 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 "you" and "your" also refer to that entity, and 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.

  • Member: Refers specifically to Users who have created a CryptoTrustandWill 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 CryptoTrustandWill Site and Services.

  • Affiliate: Means corporations or individuals with a contractual relationship with CryptoTrustandWill 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.

Additional Terms

Age Requirement

By using the Services, you agree that you are at least 18 years of age and you are legally able to enter into a contract.

Arbitration, Class Action, and Jury Waiver

This Agreement includes mandatory arbitration, class action waiver, and jury waiver provisions. By using the CryptoTrustandWill Services, you acknowledge that you have read, understood, and agree to these provisions, which are outlined in Section 22 of these Terms.

Arbitration, Class Action, and Jury Waiver

By using the Services, you agree that you are at least 18 years of age and you are legally able to enter into a contract.

Changes to Terms of Service

We reserve the right to modify these Terms of Service at any time. When we make changes, we will post the updated version on our website and notify you of any significant changes. We will also update the "Last Updated" date at the top of these Terms of Service.

By continuing to access or use our website or services after we have posted a modification, you acknowledge that you have read, understood, and agree to be bound by the revised Terms of Service. If you do not agree to the modified Terms of Service, your only option is to stop using our website and services.

If you have any concerns or do not agree with these Terms of Service, please do not access our website or services.

Additional Terms and Policies

Your use of our site, as well as your use of any Services we offer, may be subject to additional terms or policies. These additional terms and policies may include our Privacy Policy, as well as any other 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.

Important Notice

CryptoTrustandWill is not a law firm and does not provide legal advice. Our automated services are designed to assist you in creating legal documents, but they are not a substitute for the advice of an attorney. Any information or materials provided by CryptoTrustandWill are for general informational purposes only and are not intended to be legal advice.

By using our services, you acknowledge that you are representing yourself and that no attorney-client relationship is created. Any communications between you and CryptoTrustandWill are protected by our Privacy Policy, but not by attorney-client privilege.

Our services are designed to provide self-help, "fill-in-the-blank" forms to assist you in creating legal documents. However, these forms are not customized to your specific needs and are not a substitute for the advice of an attorney. If you need legal advice for your specific problem, you should consult a licensed attorney in your area.

We strive to keep our documents and materials current and up-to-date, but they are not guaranteed to be correct, complete, or up-to-date. The law is complex and can change rapidly, and no general information or legal tool can fit every circumstance. We do not review the documents or information you input for accuracy or legal sufficiency, nor do we draw legal conclusions or provide legal advice.

You understand that our services are not legal advice and are not the practice of law. If you believe that CryptoTrustandWill gave you any legal advice, opinion, or recommendation about your legal rights, remedies, defenses, options, or strategies, you must not use our documents, and any use of our documents is done at your own risk.

Additionally, our error review process 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).

Intellectual Property Rights

Except as provided in these Terms of Service, CryptoTrustandWill retains all rights in the Services. The Services and all materials therein or transferred thereby, including software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of CryptoTrustandWill and its licensors. 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.

User Submissions

You may choose to or we may invite you to submit content such as comments, ideas, questions, public messages, product feedback, and other content about or related to the Services (collectively, "User Submissions"). If you submit any User Submission, 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.

Representations and Warranties

By submitting any User Submission, you represent and warrant that: (a) you own or otherwise control all of the rights to the User Submission that you submit; (b) the User Submission you submit is truthful and accurate; and (c) use of the Submission you submit does not violate these Terms of Service or any applicable laws.

Disclaimer

By submitting any User Submission, you also agree that your disclosure is gratuitous, unsolicited, and without restriction, and that we are free to use the User Submission without any additional compensation to 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 submitted to the Services.

Limited License

CryptoTrustandWill grants you a limited license to use the Services, subject to your compliance with these Terms of Service. You are hereby granted a non-exclusive, limited, non-transferable, and freely revocable license to use the Services as designed and as set forth in these Terms of Service. CryptoTrustandWill reserves all rights not expressly granted in the Services and the CryptoTrustandWill Content.

Permitted Use

Subject to the other provisions of these Terms of Service, CryptoTrustandWill grants you permission to download, view, copy, and print Document Materials on a single, stand-alone computer or device (or, for Microsoft Agave users, one copy of the Application on up to five devices affiliated with your Marketplace Windows Live ID account) 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.

Termination

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.

Restricted behaviors

"CryptoTrustandWill 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. CryptoTrustandWill reserves all rights not expressly granted in the Services and the CryptoTrustandWill Content. CryptoTrustandWill may terminate this license at any time for any reason or no reason.

Subject to the other provisions of these Terms of Service, CryptoTrustandWill grants you permission to download, view, copy and print Document Materials on any single, stand-alone computer or device (or, for Microsoft Agave users, one copy of the Application on up to five devices affiliated with your Marketplace Windows Live ID account) 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."

"We reserve the right to modify or discontinue our Services and features at any time. We may make changes to the Services without prior notice, including adding or removing features, setting usage limits, or terminating access to the Services. We may terminate or suspend your access to the Services at any time, with or without notice, for any reason or no reason. Upon termination, you will still be bound by these Terms of Service. We may delete, alter, move, or transfer any data, account history, and account content stored on our servers at any time, without notice or liability. Please note that we do not provide or guarantee any value, monetary or otherwise, associated with data stored on our servers."

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Payment Terms

When you use our services, you agree to pay us according to our terms of sale. Some features may require a fee or charge. If you choose to use these paid features, you agree to our pricing, payment, billing, and refund policies.

Authorization to Charge

We may charge your payment method on file for any fees and charges incurred while using our services. This includes our fees, government fees, taxes, and other third-party fees.

Cancellation and Refunds

If you cancel your account, there are no refunds. All purchases are final, and refunds are discretionary. We may issue a refund, credit, or discount at our discretion, but this does not guarantee the same or similar refund in the future.

Termination of Account

If we suspend or terminate your account, you will not receive a refund or exchange for any of the following:

  • Unused time or service on a subscription

  • License or subscription fees for any portion of the services

  • Any other services or features

  • Payment Responsibility

You are responsible for paying all charges incurred by users of your credit card, debit card, or other payment method used with our services. You will also pay any applicable taxes related to your purchases or transactions

Subscription Services

We offer services on a one-time purchase basis and/or subscription basis. If you choose a subscription, you authorize us to automatically initiate recurring non- refundable payments.

Subscription Terms

Your initial purchase provides access to the services for an "Initial Service Period." After the Initial Service Period, your subscription will automatically renew at the interval specified at the time of purchase. Your payment method will be charged upon each renewal.

Canceling Subscriptions

To cancel your subscription, you must do so through your account at least one day before the next automatic renewal. If you cancel, your access to the services will continue until the end of your then-current subscription period, and then terminate without further charges. There are no refunds for unused portions or time remaining in a subscription, except as required by law.

Termination of Services

We may terminate your access to the services, including paid subscriptions, at our sole discretion and without notice. If we cancel your paid subscription, we may provide a prorated refund based on the amount of time remaining, but only if we determine that your actions or use of the services violates these terms or applicable law.

Promotional Rates

We may offer trial, discounted, or promotional rates. These rates are subject to these terms, and only one trial or promotional rate is available per household. If your paid subscription is canceled or terminated, you may not be eligible for another promotional rate offer.

Price Changes

We may change the renewal price for your paid subscription or modify the services at any time upon notice to you. Any changes will only take effect upon the next automatic renewal following the provision of notice. If you do not wish to renew at the changed renewal price, you must cancel your plan through your account or by contacting us.

Payment Information

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 automatic renewal payments unless you cancel your paid subscription as described above.

Failed Payments

If any attempt to charge your payment method is not successful or if the automatic renewal payment fails for any reason, we may suspend or terminate your access to the services without notice to you.

Data Collection and Use

By using our site, you consent to the collection, use, and transfer of your personal data in accordance with our Privacy Policy. This includes the potential capture of your keystroke and page-specific input data using session replay technology to improve customer service and product optimization.

Recording of Interactions

You acknowledge that your interactions with our site may be recorded for quality assurance purposes.

Data Security

We have implemented commercially reasonable technical and organizational measures to secure your personal information from accidental loss and unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat these measures or use your personal information for improper purposes.

Risk of Data Breach

You agree that you provide your personal information and other data to CryptoTrustandWill at your own risk. While we take reasonable measures to protect your data, there is always a risk that unauthorized third parties may access or misuse your personal information.

Account Security

To ensure the security and integrity of your account, you must:

  • Provide accurate, complete, and current information when opening an account or making a purchase/transaction.

  • Keep your account password confidential and secure.

  • Be solely responsible for the activity that occurs on your account, including when using the shared access function.

  • Not use a third-party's account without their express authorization.

Shared Access

When sharing access to your documents, you do so at your own risk. CryptoTrustandWill is not responsible for any losses you incur due to someone else's use of your account.

Liability

You may be held liable for any losses incurred by CryptoTrustandWill due to someone else's use of your account. You are entirely responsible for maintaining the confidentiality of your password and ensuring the security of your account.

Copyright Infringement Policy

CryptoTrustandWill respects the intellectual property rights of content owners and has a policy of responding to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (DMCA).

Reporting Infringement

If you believe that your copyrighted work has been copied and is accessible through our Services, please notify our copyright agent with the following information:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

  • Identification of the copyrighted work and the material that is claimed to be infringing

  • Information to contact you, such as your address, phone number, and email address

  • A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner

  • A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the owner

  • Please submit this information to:

Important Notice

Under federal law, knowingly misrepresenting that online material is infringing can result in criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney's fees.

Repeat Infringement

CryptoTrustandWill may terminate the accounts of repeat infringers and limit access to the Services in appropriate circumstances. We may also terminate the accounts of users who infringe the intellectual property rights of others, whether or not there is repeat infringement.

Disclaimer

This procedure is exclusively for notifying CryptoTrustandWill and its affiliates of alleged infringement. The preceding requirements are intended to comply with our rights and obligations under the DMCA, but do not constitute legal advice. It may be advisable to consult with an attorney regarding your rights and obligations under the DMCA and other applicable laws.

Third-Party Links and Services

The Services may include links to third-party websites, advertisers, and services. CryptoTrustandWill does not endorse or control these third-party sites, and you access them at your own risk. These Terms of Service and CryptoTrustandWill's Privacy Policy do not apply to your use of third-party sites. You release CryptoTrustandWill from any liability arising from your use of these sites.

Professional Services

CryptoTrustandWill provides Professional Services, such as the Advisor Platform, designed for professionals and Affiliates. However, our direct-to-consumer platform is not intended for professional use. If you use Professional Services or our platform as an agent of a corporation that provides Affiliate Services, CryptoTrustandWill disclaims any liability related to such use.

No Legal Advice

CryptoTrustandWill is not a law firm and does not provide legal advice. We make no representations or warranties regarding the accuracy, completeness, or reliability of any information contained in our Professional Services. Third-party involvement in the estate planning process is not necessary or required to receive discounts or purchase an estate plan.

No Liability for Third-Party Services

CryptoTrustandWill disclaims any liability regarding third-party involvement in the estate planning process. We do not endorse or guarantee the sophistication or expertise of any third-party or Affiliate services. You release CryptoTrustandWill from any liability associated with third-party or Affiliate involvement or influence.

Indemnification

You agree to defend, indemnify, and hold harmless CryptoTrustandWill and its affiliates, including their employees, contractors, agents, officers, and directors, from any claims, damages, losses, liabilities, costs, or expenses (including attorney's fees) arising from:

  • Your use of the Services, including any data or content transmitted or received by you

  • Your violation of these Terms of Service, including your breach of any representations or warranties

  • Your violation of any third-party right, including privacy, publicity, or intellectual property rights

  • Your violation of any law, rule, or regulation in the United States or any other country

  • Any claim or damages resulting from content uploaded by you or submitted via your account

  • Any other party's access and use of the Services with your unique username, password, or other security code

No Warranties

The Services are provided "as is" and "as available" without any warranties, express or implied. This includes warranties of merchantability, fitness for a particular purpose, and non-infringement. No advice or information obtained from CryptoTrustandWill or through the Services creates a warranty not explicitly stated here.

Limitations

CryptoTrustandWill and its licensors do not guarantee that:

  • The content is accurate, reliable, or correct

  • The Services will meet your requirements

  • The Services will be available at a particular time or location, uninterrupted or secure

  • Defects or errors will be corrected

  • The Services are free of viruses or other harmful components

  • You use the Services at your own risk and are solely responsible for any damage to your computer system or loss of data resulting from your use of the Services.

Third-Party Products and Services

CryptoTrustandWill does not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the CryptoTrustandWill Services or any hyperlinked website or service. CryptoTrustandWill will not be a party to or monitor any transaction between you and third-party providers of products or services.

Limitation of Liability

To the maximum extent permitted by applicable law, CryptoTrustandWill, its affiliates, agents, directors, employees, suppliers, and licensors will not be liable for any damages, including:

  • Direct, indirect, punitive, incidental, special, consequential, or exemplary damages

  • Loss of profits, goodwill, use, data, or other intangible losses

  • Damages resulting from hacking, tampering, or unauthorized access or use of the Services or your account

  • Errors, mistakes, omissions, or inaccuracies of content

  • Personal injury or property damage resulting from your access to or use of the Services

  • Unauthorized access to or use of our secure servers and/or personal information stored therein

  • Interruption or cessation of transmission to or from the Services

  • Bugs, viruses, Trojan horses, or other malware transmitted through the Services

  • Loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services

  • Defamatory, offensive, or illegal conduct of any third party

  • CryptoTrustandWill disclaims any and all liability and/or responsibility for any disclosure of information that may be deemed confidential by you or any third party.

Cap on Liability

In no event shall CryptoTrustandWill, 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 CryptoTrustandWill 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 CryptoTrustandWill has been advised of the possibility of such damage.

Exclusions

This paragraph does not apply to North Carolina consumers.

Geographic Scope

The CryptoTrustandWill Services are designed for users in the United States and are controlled and operated from within the country. We make no representations that the Services are available or appropriate for use in other locations.

International Use

If you access or use the Services from outside the United States, you do so at your own risk and are responsible for complying with all applicable local laws and regulations, including export and import regulations.

Restrictions

You may not use the Services if you are:

  • A resident outside the United States

  • A resident of a country embargoed by the United States

  • A foreign person or entity blocked or denied by the United States government

  • Target Audience

  • Unless otherwise explicitly stated, all materials found on the Services are intended for individuals, companies, or other entities located in the United States.

Assignment

These Terms of Service can only be assigned by CryptoTrustandWill. You cannot transfer or assign these Terms of Service or any rights or licenses granted hereunder. However, CryptoTrustandWill reserves the right to transfer or assign these Terms of Service and any rights or licenses granted hereunder without restriction.

Jurisdiction and Governing Law

You agree that:

  • The Services are based in California and shall be governed by California law.

  • The Services are passive and do not give rise to personal jurisdiction over CryptoTrustandWill in jurisdictions other than California.

  • Any disputes or claims arising from the Services shall be resolved exclusively by a court of competent jurisdiction in San Diego County, California, unless submitted to arbitration in accordance with the Dispute Resolution section of these Terms of Service.

Exclusions

The United Nations Convention on Contracts for the International Sale of Goods is excluded.

The arbitration provision does not apply to North Carolina consumers.

Class Action Waiver

You acknowledge and agree that you are waiving your right to participate as a plaintiff or class in any purported class action or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding, unless both you and CryptoTrustandWill agree otherwise in writing.

AARP Exemption

This waiver of the right to participate in a class action lawsuit does not apply to consumers who participate in an offering made to AARP members.

Important Notice: Your Legal Rights May Be Affected

Before using our services, please carefully read this section, as it may impact your legal rights, including your ability to file a lawsuit in court and your right to participate in a class action.

Dispute Resolution Process

If a dispute arises between you and CryptoTrustandWill, we will first try to resolve it through an informal process. If this process fails, we will use binding arbitration to resolve the dispute. This means that an arbitrator, rather than a court, will make a final decision.

Informal Dispute Resolution

We encourage you to work with us to resolve any disputes informally. This includes engaging in good faith negotiations to settle the dispute. If we are unable to resolve the dispute informally, we will proceed to binding arbitration

Note: Failure to participate in the informal dispute resolution process may result in the award of fees against you in arbitration

Initiating Informal Dispute Resolution

To start the informal dispute resolution process, the initiating party must send a written description of the dispute to the other party. If you're initiating a dispute against CryptoTrustandWill, you agree to:

  • Your name

  • A description of the nature or basis of the claim or dispute

  • The specific relief sought

  • Provide the email address associated with your account

  • If CryptoTrustandWill initiates a dispute, we will send our written description to the email address associated with your use of the Services.

  • Timeframe for Informal Dispute Resolution

  • If the parties don't resolve the dispute within 60 days after receiving the written description, we agree to move on to the additional dispute resolution provisions outlined below

  • Good Faith Engagement

  • Parties must engage in good faith informal dispute resolution before initiating a lawsuit or arbitration. This process will pause any applicable statute of limitations period, filing fees, or deadlines until the parties have completed the informal dispute resolution process.

  • Exceptions to Informal Dispute Resolution

  • Even if the 60-day notice period is met, we agree that if a dispute involves either party's intellectual property rights or defamation, the informal dispute resolution process will not apply. In these cases, either party may immediately seek relief through the dispute resolution process outlined below.

Arbitration Agreement

If the informal dispute resolution process doesn't resolve the issue, either party can initiate binding arbitration to settle the dispute. This arbitration will be the sole means of resolving disputes, except as specified below.

Initiating Arbitration

To initiate arbitration, you must send a copy of the demand to [email protected]. The demand must include the email address associated with your CryptoTrustandWill account.

Arbitration Terms

You and CryptoTrustandWill agree that any dispute will be resolved through binding arbitration, governed by this Section 22. This agreement applies to all disputes, including those that arose before or after the existence of this agreement, as well as those that may arise after the termination of this agreement.

Governing Law

The Federal Arbitration Act (FAA) will govern the interpretation and enforcement of this Arbitration Agreement.

Invalid Provisions

If any part of this Arbitration Agreement is deemed invalid by an arbitrator or court, we agree that the arbitrator or court will try to enforce the original intention behind the provision. The other parts of the agreement will remain in effect.

Arbitration Process

We understand that an arbitrator, not a judge or jury, will decide our dispute. Additionally, the discovery process and appeals may be limited in arbitration. We also acknowledge that the costs of arbitration may be higher than those of litigation in some cases

Waiver of Jury Trial

By agreeing to these Terms of Service, including this Arbitration Agreement, we each waive our right to a trial by jury to the maximum extent permitted by law.

Exceptions to Arbitration

Even though we've agreed to resolve all disputes through arbitration, each party retains the right to:

  • Bring individual claims to small claims court for disputes within the court's jurisdiction

  • File an action in state or federal court to protect intellectual property rights or for defamation

  • Seek injunctive or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court

  • Filing a claim under these exceptions will not waive our right to arbitration under this agreement. Any related arbitrations will be automatically stayed pending the outcome of the action.

Class Action Waiver

YOU AND TRUST & WILL AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, any arbitration will be conducted individually and not as a class or representative action. The arbitrator can only award relief in favor of the individual party seeking relief and only to the extent necessary to resolve their individual claim. However, if CryptoTrustandWill provides written consent, an arbitration involving you may proceed on a consolidated basis.

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

Invalid Provisions

If any part of the Arbitration Agreement is deemed invalid, unenforceable, or illegal, or conflicts with NAM rules, the remaining parts of the agreement will remain in effect and will be interpreted according to their terms as if the invalid provision were not included. However, if Subsection C and Subsection G are found to be invalid, unenforceable, or illegal as applied to your claims, the entire Arbitration Agreement will be deemed null and void, and neither you nor CryptoTrustandWill will be required to arbitrate their dispute.

Arbitration Rules

The arbitration will be administered by NAM in accordance with their rules, including the Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer, and Mass Filing Supplemental Dispute Resolution Rules and Procedures. However, these rules will be modified by this Dispute Resolution section and will exclude any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation's Commercial Dept at [email protected]. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.

Arbitration Location

If the amount in controversy between the parties does not exceed $10,000, the arbitration will be conducted solely based on the documents submitted to the arbitrator, unless the parties agree otherwise or the arbitrator determines a hearing is necessary. If the amount in controversy exceeds 10,000, either party may request an arbitration hearing, and that hearing will presumptively be held via video- or telephone conference unless the arbitrator determines there is good cause to hold an in-person hearing or the parties agree otherwise. In the event of an in-person hearing, the location will be determined by mutual agreement of the parties or, if the parties cannot agree, by the arbitrator in accordance with NAM rules.

Arbitration Procedure and Rules

The arbitrator or arbitration body will have the authority to grant any relief that would be available in a court under law or equity. The arbitrator can impose sanctions on any party that files frivolous claims or submissions that are not made in good faith, as well as for failure to comply with the informal dispute resolution procedure.

The arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow the issues in dispute, subject to the applicable NAM rules and procedures.

The arbitrator will render an award within the time frame specified in the NAM rules. The award will include the essential findings and conclusions upon which the arbitrator based the decision. The arbitrator's decision can be enforced in any court having jurisdiction.

The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section, which limits the types and amounts of damages for which a party can be held liable.

No individual arbitration award or decision will have any preclusive effect on issues or claims in any dispute with someone who is not a named party to the arbitration.

Attorneys' fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration. All arbitration proceedings will be confidential and closed to the public, and all records relating to the arbitration will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.

Batch Arbitration

To streamline the arbitration process, we agree to batch similar arbitration demands together. If 100 or more similar demands are submitted to NAM, we will group them into sequential batches of approximately 100 demands each. The remaining demands will be included in a final batch.

We agree to the following:

  • Designate one arbitrator for each batch

  • Accept applicable fees, including any fee reductions determined by NAM

  • Allow 10% of the batches to proceed simultaneously, but no other demands will be filed, processed, or adjudicated until the prior batches are completed

  • Fees associated with a demand for arbitration will only be due after the demand is included in a batch and that batch is properly designated for filing, processing, and adjudication

  • The batched proceedings will continue until each demand is adjudicated or resolved

  • Make good faith efforts to resolve each batch within 180 days, failing which any claimants or CryptoTrustandWill may cease arbitration and file in a court of competent jurisdiction.

Arbitrator Selection and Batch Process

For each batch, the arbitrator will be selected in accordance with NAM's rules and procedures, to the greatest extent possible. The arbitrator will determine whether the proceedings will occur remotely or in-person. Each claimant may strike the selected arbitrator and, if they do, their demand will be included in a subsequent batch.

We agree to cooperate with each other and the arbitration provider to implement a batch approach or similar process to efficiently resolve claims. We will also cooperate to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims.

Tolling of Claims

If your demand for arbitration is included in a Mass Filing, your claims will remain tolled until your demand is decided, withdrawn, or settled.

Mediation Process

After the first batch of demands is fully adjudicated, a NAM mediator will be selected to facilitate a resolution of the remaining demands in the Mass Filing. The mediator will be chosen from a list of 5 mediators proposed by NAM, and CryptoTrustandWill and the remaining claimants' counsel will have the opportunity to strike one mediator each and then rank the remaining mediators. The highest- ranked mediator will be selected.

During the 90-day Mediation Period, CryptoTrustandWill, the remaining claimants, and their counsel will work with the mediator to try to resolve the outstanding demands or agree on a methodology for resolving them. If the parties are unable to reach a resolution or agree on a methodology, either CryptoTrustandWill or the remaining claimants may opt out of the arbitration process and have their demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out must be provided in writing within 60 days of the close of the Mediation Period.

If neither CryptoTrustandWill nor the remaining claimants opt out and they cannot agree on a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process outlined in Subsection G. If neither party opts out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

If there is a disagreement about whether this provision applies or about the batch process, a procedural arbitrator appointed by NAM will resolve the issue.

This batch arbitration provision does not increase the number of claims necessary to trigger NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorize class arbitration. Unless CryptoTrustandWill consents in writing, we do not agree to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth above

Fees

Except as required by applicable law, your responsibility to pay arbitration fees will be governed by the NAM rules, including any fee waivers. However, if the arbitrator finds that your claim was frivolous or brought for an improper purpose, you understand and agree that you may be required to reimburse CryptoTrustandWill for arbitration fees, including attorneys' fees, that CryptoTrustandWill incurred to defend your claim(s). You are responsible for your own attorneys' fees, unless the arbitration rules and/or applicable law provide otherwise.

The parties agree that NAM has the discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM's rules, as deemed appropriate. This includes the modification specified in Subsection G. However, such modification must not increase the costs to you. You waive any objection to such fee modification.

The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 22 while the challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction. During the pendency of such challenge, all due dates for those fees will be tolled.

Right to Opt Out of Arbitration Agreement

You have the right to opt out of the Arbitration Agreement by sending a written notice to [email protected] with the subject line "ARBITRATION OPT-OUT". The notice must be sent from the email address associated with your account (if you have one), or if this is not possible, you must promptly cooperate with us to identify your account if you have one.

You must send the notice within thirty (30) days of first becoming subject to this Arbitration Agreement. If you opt out, you will not be bound by the Arbitration Agreement and will have the right to a trial by jury or judge, as permitted by applicable law. However, if you opt out, any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed.

If you opt out, CryptoTrustandWill will not be bound by the Arbitration Agreement. We will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Terms of Service pursuant to the requirements set forth in that version.

Changes to Arbitration Agreement

CryptoTrustandWill will provide 30 days' notice of any material changes to this Section 22. These changes will take effect on the 30th day and will apply to all claims not yet filed, regardless of when they may have accrued.

If CryptoTrustandWill changes this Section 22 after you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to these changes, you may opt out by providing notice as described in previous Subsection

Tax Advice Disclosure

CryptoTrustandWill does not provide tax advice or services of any kind. Any information about taxes shared by CryptoTrustandWill is intended for general educational purposes only and should not be relied upon as tax advice. We provide this disclosure to comply with the requirements of the Internal Revenue Service under Circular 230.

Please note that any U.S. federal tax advice provided by CryptoTrustandWill is not intended or written to be used for purposes of avoiding penalties under the Internal Revenue Code or promoting, marketing, or recommending to another person any matters addressed in our communications.

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Need a customized document template? We'd be happy to provide you with a watermarked blank template upon request. Simply email us at [email protected] and let us know which templates you're interested in. We're committed to ensuring your satisfaction with our services, and we have a dedicated process in place to address any questions or concerns you may have. If you have any issues or need further assistance, don't hesitate to reach out to us at [email protected]."

I made the following changes to make the text more concise and user-friendly:

  • Simplified the language and sentence structure

  • Removed the physical address and replaced it with an email address, which is more convenient for customers

  • Emphasized the benefits of requesting a template (e.g. "Need a customized document template?")

  • Made the tone more friendly and approachable

  • Highlighted the company's commitment to customer satisfaction and provided a clear channel for customers to raise questions or concerns.

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At CryptoTrustandWill, we prioritize the privacy and security of our members' information. In the event of a member's passing, we understand the importance of respecting their privacy while also ensuring that authorized individuals can access their account. If you have a legal document that grants you the authority to act on behalf of the deceased member, please reach out to our Member Success team. We'll work with you to gain access to their account, ensuring a smooth and secure process."

At CryptoTrustandWill, we may send you important notifications via email, mail, or by posting them on our website. These notifications might be required by law, or they could be about marketing or other business-related updates. We reserve the right to decide how and when to send these notifications, and we're not responsible if your email provider or network filters them out. To ensure you receive our notifications, we recommend adding [email protected] to your email address book

This agreement is the complete and final agreement between you and CryptoTrustandWill regarding the Services. If any part of this agreement is found to be invalid, the rest of the agreement remains in effect. This agreement includes any amendments and additional agreements you make with CryptoTrustandWill in connection with the Services.

If a court decides that any part of this agreement is invalid, it won't affect the rest of the agreement. The remaining parts will still be valid and in effect.

We won't waive any part of this agreement by not enforcing it or by not responding to a violation. If we don't enforce a particular term, it doesn't mean we're giving up our right to enforce it in the future