This User Agreement (this “Agreement”) is entered into effective as of the date you accept these terms (the “Effective Date”), by and between InheritGuard, LLC, a Wyoming limited liability company (“InheritGuard”), and the individual or entity agreeing to these terms (“Client”). Where two spouses engage InheritGuard jointly, “Client” means both spouses collectively and each of them individually, and each spouse is a joint and several signatory to this Agreement as further described in Section 21.
1 Introduction
1.1.a Acceptance of Terms
By using InheritGuard, LLC’s services, you acknowledge and accept these terms. If you do not agree, you must discontinue use immediately.
1.1.b Changes to Terms
We may update these terms at any time and will notify you of any changes. Continuing to use our services after updates means you accept the revised terms. If you do not agree, you must stop using our services. This method of update and acceptance satisfies the amendment requirement of Section 19 with respect to these Terms.
2 Definitions
2.1.a InheritGuard, LLC
“InheritGuard” refers to InheritGuard, LLC, a Wyoming limited liability company.
2.1.b Client
“Client” refers to the individual or entity that has engaged InheritGuard to provide the Services under this Agreement. Where the Services are engaged by two spouses (a “Joint Engagement”), “Client” means both spouses, jointly and severally, and each spouse is bound by this Agreement as a signatory in accordance with Section 21.
2.1.c Estate Planning Bundle Services
“Estate Planning Bundle” refers to the suite of estate planning documents and services offered by InheritGuard, including a Will or Revocable Trust, Powers of Attorney, Medical Directives, and Medical Privacy Waivers.
2.1.d Additional Services
“Additional Services” refers to any services provided by InheritGuard beyond the Estate Planning Bundle, such as deeds and business assignments.
2.1.e Estate Plans USA; Common Ownership
“Estate Plans USA” (the “Firm”) is a law firm whose licensed attorneys perform attorney reviews. Client acknowledges that the Firm and InheritGuard, LLC are affiliated, commonly-owned entities — both are owned and controlled by the same individual, who is a licensed attorney — and are not independent of one another. InheritGuard is not a law firm and provides no legal services.
2.1.f Reviewing Attorney
“Reviewing Attorney” refers to a licensed attorney engaged by the Firm (including an attorney engaged as an independent contractor of the Firm) who performs an Attorney Review and who exercises independent professional judgment in doing so.
3 Scope of Services
3.1 Estate Planning Bundle
InheritGuard agrees to provide Client with an Estate Planning Bundle, which includes the following:
3.1.a Our Family Guard Plan includes: a Will(s), and following ancillary documents: Power(s) of Attorney, Health Care Power(s) of Attorney, Medical Privacy Waiver(s)
3.1.b Our Trust Guard plan includes a Revocable Trust Plan and all ancillary documents included in the Family Guard Plan along with preparation of a single deed to transfer property. Trust Guard does not include notarial service, electronic recording of deed or printed documents in a binder. These services are available as add-ons at an additional cost to this plan. County recorder fees vary greatly by state and are an additional cost that will be billed to you after the plan is signed. Client acknowledges that the Estate Planning Bundle is designed to address common estate planning needs and may not be suitable for all situations.
3.1.c Our Trust Guard Plus plan includes a Revocable Trust Plan and all ancillary documents included in the Family Guard Plan along with preparation of a single deed to transfer property. In addition, this plan includes the following: 1) a notary will be provided who will notarize the documents at Client’s home or other location at Client’s convenience; 2) A binder with printed documents and tabs; 3) Electronic recording of the deed if available in client’s county; and 4) coordination of an attorney review with the Firm (Estate Plans USA). The attorney review is a legal service that is not performed by InheritGuard; it is performed by the Firm under a separate engagement between Client and the Firm, as further described in Section 7.1. As disclosed in Section 2.1.e and Section 7.3, the Firm and InheritGuard are commonly owned; the attorney review is nonetheless performed by a licensed Reviewing Attorney who exercises independent professional judgment. The plan price payable to InheritGuard covers InheritGuard’s non-legal services, including coordinating and scheduling the review, and does not include, and InheritGuard does not collect, any fee for legal services. The Firm sets the scope of the review and its own fee and bills and collects that fee directly from Client; InheritGuard does not set, collect, hold, split, or share in any legal fee. County recorder fees vary greatly by state and are an additional cost that will be billed to you after the plan is signed. Client acknowledges that the Estate Planning Bundle is designed to address common estate planning needs and may not be suitable for all situations.
3.1.d Additional Services and Fees
Additional services, such as additional deeds at $200 per deed (including E-recording where available if you have purchased our notary service), assignment of a business to the Trust at $250, and E-recording $50 (only if you have purchased our notary service), are available for an additional fee. Where a plan does not include an attorney review, InheritGuard can coordinate one with the Firm (Estate Plans USA); the attorney review is a legal service that is set, billed, and collected by the Firm directly, as described in Section 7.1, and InheritGuard does not collect or share in any legal fee. These fees are in addition to the Flat Fee for the Estate Planning Bundle. Client acknowledges that these additional services are not included in the Family Guard or Trust Guard Plan and will not be included unless Client specifically requests them and agrees to pay the additional fees.
3.1.e Service Completion Timeline
InheritGuard will complete the Estate Planning Bundle within fourteen (14) business days from the date Client designs their plan. This timeline is contingent upon Client providing all necessary information and documents to InheritGuard in a timely manner. Client acknowledges that additional time may be required if InheritGuard does not receive all required information upfront, such as the deed to Client’s property. Client also acknowledges that arranging for a notary and coordinating a time for Client to sign the documents may take additional time. Additional delays beyond the 14 days may be caused by third parties, force majeure events or delays by client which will extend this timeline as well.
3.1.f Revisions and Updates
Client can ask for changes to the Estate Planning Documents while they are being prepared. Once the documents are signed, additional changes will cost extra. InheritGuard, LLC decides the cost of these changes. InheritGuard, LLC can change its services and prices at any time.
4 Payment Terms
4.1.a Pricing Structure
All Services are provided at a flat fee. These fees cover the drafting of the Estate Planning Bundle as described in Section 3.1.
4.1.b Payment Methods
Client shall make all payments due under this Agreement via credit card, debit card, or other methods as agreed upon between Client and InheritGuard. InheritGuard reserves the right to suspend or cancel Services if payments are not received on time.
4.1.c Deposit
If Client pays a $100 deposit toward the Estate Planning Bundle, the deposit is non-refundable but will be credited against and applied toward the total price of Client’s plan. Client will not forfeit the deposit so long as Client attends the scheduled intake/design meeting and pays the remaining balance due on Client’s plan. If Client fails to attend the scheduled intake/design meeting or fails to pay the remaining balance due, the deposit is forfeited and non-refundable, without prejudice to any other refund rights under Section 6. If something arises that prevents Client from attending the scheduled intake/design meeting, Client must notify InheritGuard at least 24 hours before the scheduled meeting time to reschedule; Client will not forfeit the deposit due to a missed meeting if Client provides that notice and reschedules. A missed meeting without at least 24 hours’ notice may result in forfeiture of the deposit.
5 Client Obligations
5.1.a Provision of Information
Client shall provide InheritGuard with all information necessary to complete the Estate Planning Bundle, including but not limited to, full legal names, dates of birth, date of marriage (if applicable), and in the case of the TrustGuard plan copies of deeds to any properties. If Client owns a business, Client shall provide copies of formation documents, including the operating agreement or bylaws and state certificate. Client acknowledges that the accuracy and completeness of this information is crucial for the proper completion of the Services.
5.1.b Responsibility for Asset Transfer
Client acknowledges and agrees that they are solely responsible for funding their Estate Planning Bundle and transferring assets into the Revocable Trust, if applicable. Client understands that failure to transfer assets into the Revocable Trust may result in an incomplete estate plan, potentially leading to probate or other court costs. InheritGuard may, at its discretion, prepare Client’s deed and certain service packages and may include Deed Preparation and electronic recording of the deed. However, Client remains ultimately responsible for ensuring that all assets are properly transferred and recorded. InheritGuard shall not be liable to the Client, the Client’s family, heirs, beneficiaries, or any successors for any consequences resulting from the Client’s failure to properly fund the Estate Planning Bundle or complete asset transfers.
5.1.c Timeliness
Client agrees to provide all required information and documentation to InheritGuard in a timely manner. Client acknowledges that delays in providing information may result in delays in the Document Completion timeline. If Client fails to provide the necessary information and documents within a reasonable timeframe, InheritGuard reserves the right to terminate this Agreement.
6 Refund and Cancellation Policy
6.1 All Sales Final
All sales are considered final upon acceptance of this Agreement or receipt of payment, whichever occurs first. By signing this Agreement or submitting payment, Client acknowledges and agrees that no refunds will be issued except as outlined in Section 6.2.
6.2 Partial Refunds for Unfulfilled Services
In the event that InheritGuard is unable to fulfill a portion of the agreed-upon services, a partial refund may be issued. This includes, but is not limited to, situations where:
- An in-home notary cannot be arranged,
- E-filing is unavailable in the Client’s county,
- Other specific services are not deliverable due to limitations outside of InheritGuard’s control.
Any refund issued under this section will be limited strictly to the internal cost incurred by InheritGuard in attempting to provide the unfulfilled service(s). No additional compensation or refund will be provided. This Section 6.2 governs refunds where a specific purchased service cannot be delivered. Refunds arising from Client’s voluntary termination of this Agreement are instead governed by Section 6.3 and Section 14.2.
6.3 Refunds on Client Termination
Where Client terminates this Agreement under Section 14.2, any refund is discretionary, is available only if Client terminates within 48 hours of retaining InheritGuard, and will be based on the amount of work InheritGuard has completed, not to exceed 50% of the total payment made by Client. No refund is available under this Section 6.3 after 48 hours of retaining InheritGuard, without prejudice to any refund that may separately be available under Section 6.2.
7 No Legal Advice Disclaimer
InheritGuard, LLC is not a law firm and does not provide legal advice or legal services. The Services provided by InheritGuard under this Agreement are intended solely for document-completion and educational purposes. No attorney-client relationship is created between Client and InheritGuard, and communications with InheritGuard are not protected by the attorney-client privilege. Any attorney review is a separate legal service provided only by the Firm, as described below. Client acknowledges the common-ownership disclosure in Section 2.1.e and Section 7.3.
If Client desires legal advice, legal interpretation, or recommendations based on their specific circumstances, Client must engage an Attorney Review with the Firm or consult independent legal counsel. Client is solely responsible for ensuring that the Estate Planning Bundle meets their specific needs and complies with applicable laws.
7.1 Attorney Review Services Provided by the Firm
Certain plans include, and Client may separately purchase, an Attorney Review. Any Attorney Review, and any plan that includes an Attorney Review, is not completed or performed by InheritGuard. Attorney Review services are provided solely by the Firm (Estate Plans USA) through a licensed Reviewing Attorney. As disclosed in Section 2.1.e and Section 7.3, the Firm and InheritGuard are commonly owned; the Reviewing Attorney nonetheless exercises independent professional judgment in performing the Attorney Review. InheritGuard does not provide legal advice, legal review, or legal services, and any attorney-client relationship formed in connection with an Attorney Review is solely between Client and the Firm, and not with InheritGuard. InheritGuard is not responsible or liable for the legal advice, work product, acts, or omissions of the Firm or the Reviewing Attorney.
Each Attorney Review consists of a single meeting of up to forty-five (45) minutes with the Reviewing Attorney. Ongoing or continued advice from the Reviewing Attorney following that meeting is not included in the Attorney Review. Additional non-legal assistance, such as scheduling and document-delivery support, is provided by InheritGuard’s customer service staff and not by the Firm; it does not include legal advice. In addition, additional consultations with the Reviewing Attorney are available and will be billed at the then-current pricing for Attorney Reviews.
Trust Guard Plus. Where Client’s plan is Trust Guard Plus, the Attorney Review described in this Section is coordinated by InheritGuard as part of the plan, but is provided by, engaged directly with, and billed and collected by the Firm, on the same terms as any other Attorney Review under this Section. No portion of the Trust Guard Plus plan price paid to InheritGuard constitutes payment for legal services or is shared with the Firm or the Reviewing Attorney.
7.2 Use of Artificial Intelligence
InheritGuard may use artificial intelligence (“AI”) tools and automated software to assist in preparing documents, generating the Estate Planning Bundle, and providing customer support and other Services. Any information, response, or document generated with the assistance of AI is provided solely for document-completion and educational purposes, is not legal advice, and does not create an attorney-client relationship. AI-assisted output may contain errors, omissions, or inaccuracies. Client acknowledges that AI is not a substitute for the advice of a licensed attorney and that Client is responsible for reviewing all documents and, if legal advice is desired, engaging an Attorney Review with the Firm or consulting independent legal counsel. InheritGuard makes no warranty regarding AI-assisted output and, to the fullest extent permitted by law, disclaims all liability arising from its use.
7.3 Common Ownership and Conflict of Interest Disclosure
Client acknowledges the following disclosure. The Firm (Estate Plans USA) and InheritGuard, LLC are commonly owned; both are owned and controlled by the same individual, who is a licensed attorney. Because that individual owns both entities and benefits from the sale of InheritGuard’s document-preparation services, a potential conflict of interest exists in connection with any Attorney Review of documents prepared through InheritGuard. To address this, Attorney Reviews are performed by licensed Reviewing Attorneys engaged by the Firm who exercise independent professional judgment. The Reviewing Attorney may advise Client that the documents or plan are incomplete, inappropriate, or unsuitable for Client, may recommend changes, and may decline to proceed, without regard to InheritGuard’s interest in completing any sale. The Firm alone is responsible for the Attorney Review and for supervising the Reviewing Attorneys. Client may instead obtain a review from independent legal counsel of Client’s own choosing who has no relationship to InheritGuard or the Firm. By proceeding with an Attorney Review, Client acknowledges this disclosure and consents to the Attorney Review being performed by the Firm.
7.4 Scope of Document and Error Review
Client understands that any completeness or error review InheritGuard itself performs on the Estate Planning Bundle (as distinct from the Attorney Review described in Section 7.1) is limited to internal consistency, spelling, and completeness of names, addresses, and similar identifying information. This review does not include, and Client should not rely on it for, any assessment of the legal accuracy or validity of the documents, compliance with current state or federal law, the appropriateness of the documents for Client’s particular circumstances, tax implications, or potential conflicts with other estate planning documents Client may have. This review is not comprehensive, is not guaranteed to be accurate, and does not constitute legal advice. Client agrees to read and review the final document(s) before signing and acknowledges that Client is solely responsible for the final document(s).
7.5 No Tax Advice
InheritGuard does not provide tax advice of any kind or for any purpose. Any information regarding taxes contained in the Estate Planning Bundle or in any communication from InheritGuard is intended only for general educational purposes and is not to be construed or relied upon as tax advice. Any U.S. federal tax information contained in any communication from InheritGuard 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 matter addressed therein. Client should consult a qualified tax professional regarding the tax consequences of any estate plan.
7.6 No Financial Advice
InheritGuard does not provide financial, investment, or asset-valuation advice of any kind or for any purpose. Any financial or valuation information presented through InheritGuard’s services is intended for educational purposes only and is not to be construed as, or relied upon as, financial advice, and InheritGuard makes no representation regarding the accuracy of any such information, including information obtained through any third-party data integration.
7.7 HIPAA and Medical Information Disclaimer
InheritGuard is not a “Covered Entity” or “Business Associate” as those terms are defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The Services are not HIPAA-compliant, and information Client provides to InheritGuard is not considered “Protected Health Information” subject to HIPAA’s privacy and security rules. Any Medical Privacy Waiver InheritGuard prepares is a tool Client may use to authorize Client’s healthcare providers to release medical information to individuals Client designates. Client is solely responsible for the accuracy of the information in that document and for providing it to Client’s healthcare providers. InheritGuard is not responsible for the security or privacy of medical information once it has been released by a provider to a third party at Client’s direction.
8 No Attorney-Client Privilege
There is no Attorney-Client Privilege between Client and InheritGuard, LLC or any of its contractors, including attorneys who may assist in a non-representational capacity. Client acknowledges that communications made in connection with the Services are not protected by the Attorney-Client Privilege and may be disclosed, including in court proceedings. This Section 8 does not apply to communications between Client and the Firm or a Reviewing Attorney in connection with an Attorney Review, which are instead protected as provided in Section 7 and in Client’s separate engagement with the Firm.
9 No Warranty
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT CLIENT’S 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 CLIENT FROM INHERITGUARD WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, INHERITGUARD DOES NOT WARRANT THAT THE ESTATE PLANNING BUNDLE OR ANY DOCUMENT MATERIALS ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL MEET CLIENT’S REQUIREMENTS; THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT ANY DEFECTS WILL BE CORRECTED. This Section 9 is in addition to, and not a substitute for, the disclaimers set forth in Section 7 and the limitation of liability set forth in Section 10.
10 Limitation of Liability
10.1 No Warranty or Guarantee
InheritGuard provides the Services without any warranty or guarantee, express or implied. Client acknowledges that InheritGuard does not warrant that the Estate Planning Bundle will meet Client’s specific goals, needs, or expectations. InheritGuard further disclaims any warranty that the Estate Planning Bundle will reduce income tax, estate tax, or court costs. Client is solely responsible for the selection and suitability of the Services and assumes all risks associated with their use.
10.2 Limitation of Liability
To the fullest extent permitted by law, the total cumulative liability of InheritGuard for any and all claims, losses, damages, or expenses arising out of or in any way related to this Agreement, the Services, or the Estate Planning Bundle, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, shall be limited to the total amount of fees actually paid by Client to InheritGuard under this Agreement. In no event shall InheritGuard be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, loss of data, or loss of business opportunities, even if InheritGuard has been advised of the possibility of such damages. Client agrees that this limitation of liability is a material term of this Agreement and that InheritGuard would not have entered into this Agreement without it.
11 Indemnification
Client agrees to defend, indemnify, and hold harmless InheritGuard and its owners, managers, employees, contractors, agents, and affiliated entities (including the Firm), from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to: (i) Client’s use of or access to the Services; (ii) Client’s breach of this Agreement, including any representation or warranty made herein; (iii) Client’s violation of any third party’s rights, including privacy or intellectual property rights, in connection with information Client submits to InheritGuard; (iv) Client’s violation of any applicable law, rule, or regulation; or (v) any use of Client’s account or the Services by another person using Client’s login credentials or account access. This Section 11 does not apply to claims arising from the independent professional judgment or conduct of the Firm or a Reviewing Attorney, which are addressed in Section 7.
12 Client Responsibility for Execution and Notarization
It is the sole responsibility of the Client to properly execute and notarize all documents provided by InheritGuard. Failure to do so may result in the invalidity of the documents, including but not limited to the failure of any Trust to be legally recognized. In such cases, the Client’s estate may be subject to probate proceedings. InheritGuard shall not be held liable to the Client, the Client’s family, heirs, beneficiaries, or any successors for any consequences resulting from the Client’s failure to properly execute or notarize documents. This limitation of liability applies even if the Client has purchased a service package that includes notary services, as successful execution and notarization ultimately depend on the Client’s timely cooperation and compliance.
13 Client Responsibility for Proper Recording of Deed(s)
If your package includes electronic recording of your deed—or you purchase the electronic recording add-on—InheritGuard will exercise due diligence in attempting to electronically record the document. However, InheritGuard is not responsible for county rejections or any failure by the county to accept or complete the electronic recording. It remains the Client’s responsibility to ensure that their deed is properly recorded. If Client does not pay the required county recorder fees invoice, InheritGuard will not proceed with electronic recording. In that event, it will be the Client’s responsibility to record their deed directly with the county.
13.1 Verification of Deed Information
Client is solely responsible for verifying all information contained in any deed InheritGuard prepares, including the legal description of the property, the assessor’s parcel number, the property address, and the names of all grantors and grantees, before signing. InheritGuard does not perform a title search, does not verify property ownership, and does not confirm that Client has the legal authority to transfer the property. InheritGuard is not responsible for title defects, liens, encumbrances, or ownership disputes affecting any property.
14 Termination
14.1 Termination by InheritGuard
InheritGuard may terminate this Agreement if Client fails to provide necessary information or documentation required for the Estate Planning Bundle Services in a timely manner. InheritGuard will provide written notice of termination to Client, specifying the reason for termination and the effective date, and Client shall have 7 days to cure the specific reason for termination. After 7 days, InheritGuard will terminate this Agreement if not cured. In the event of termination by InheritGuard due to Client’s failure to provide necessary information, any refund will be subject to the Refund and Cancellation Policy outlined in Section 6.
14.2 Termination by Client
Client may terminate this Agreement by providing written notice to InheritGuard. The effective date of termination will be the date on which InheritGuard receives the written notice. Upon termination by Client, any refund will be subject to the Refund and Cancellation Policy outlined in Section 6. Client acknowledges that refunds are discretionary after 48 hours of retaining InheritGuard and will be based on the amount of work completed, not exceeding 50% of the total payment.
15 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of laws principles.
16 Amendments and Updates
All amendments to Trust Guard plans will usually be done as a restatement. A restatement amends the Trust in its entirety so it is up to date with current law and Client’s wishes. The name of the trust remains the same, so there is no need to re-title any property or other assets already in the trust.
17 Communications
17.1 Methods of Communication
Client may communicate with InheritGuard by email at help@ignplan.com or by calling customer service at 855-335-1060. InheritGuard will primarily communicate with Client through these channels unless otherwise requested or necessary.
17.2 Notices
All formal notices required under this Agreement must be in writing and sent via email or certified mail to the addresses provided by each party. Notices sent by email will be deemed effective one business day after sending, provided that a confirmation of receipt is obtained. Notices sent by certified mail will be deemed effective five business days after the date of mailing.
17.3 Consent to Telephone and Text Communications
By providing a telephone number to InheritGuard, Client expressly consents to receive communications from InheritGuard and its agents at that number, including by autodialed or pre-recorded calls and text messages, for transactional purposes such as account notifications and customer support, and, where Client has separately opted in, for marketing purposes. Consent to receive marketing communications is not a condition of purchasing any Services. Client may opt out of marketing calls by notifying the caller and may opt out of marketing text messages by replying “STOP” to any such message. Message and data rates may apply.
18 Data Protection and Privacy
18.1 Client Data Storage
We keep your data safe. It is stored in a secure database. We use this data to provide you with our Services. We will not share your data with anyone unless we have to by law. We use industry-standard encryption, limit access to authorized personnel and retain data only as long as needed for service fulfillment or legal compliance.
18.2 Confidentiality
We keep your Estate Planning Documents and personal details confidential. “Our team” means InheritGuard’s employees and contractors who are bound by confidentiality obligations and who access your information only as needed to provide the Services. If Client purchases or receives an Attorney Review, InheritGuard will share information with the Firm (Estate Plans USA) and the Reviewing Attorney as necessary to perform that review; the Firm’s handling of information it receives is governed by its own engagement terms and professional obligations, not by this Agreement. InheritGuard may also share information with third-party service providers who support the Services (for example, payment processing, e-signature, notary coordination, and county recording), each acting under confidentiality or data-protection obligations. We will keep your information safe even after our Agreement ends.
19 Entire Agreement
This Agreement represents the complete and final understanding between the parties regarding its subject matter. It supersedes all prior agreements, discussions, and representations, whether written or oral. Any amendments or modifications must be documented in writing and signed by both parties to be valid, except for updates to these Terms made by InheritGuard under Section 1.1.b, which are effective as provided in that Section.
20 Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will still be fully effective and enforceable. The parties agree to replace any invalid or unenforceable term with a valid provision that reflects the original intent as closely as possible.
21 Joint Clients; Spouses as Joint and Several Signatories
21.1 Joint Engagement
Where two spouses engage InheritGuard to prepare a joint or coordinated Estate Planning Bundle, both spouses together constitute the “Client” under this Agreement, and each spouse is a party to and signatory of this Agreement.
21.2 One Signature Binds Both Spouses
The spouses agree that the signature, electronic acceptance, or other manifestation of assent by either spouse constitutes acceptance of this Agreement by both spouses. When one spouse signs or otherwise accepts these terms, the other spouse is deemed to have simultaneously agreed to and accepted this Agreement in full, and both spouses are bound as if each had personally signed.
21.3 Authority to Bind
The spouse who signs or accepts this Agreement represents and warrants that he or she has the authority and consent of the other spouse to accept this Agreement on the other spouse’s behalf and to bind the other spouse to its terms. InheritGuard is entitled to rely on that representation without further inquiry.
21.4 Joint and Several Liability
Each spouse is jointly and severally liable for all obligations of the Client under this Agreement, including payment of all fees and costs. InheritGuard may enforce this Agreement, including the collection of any amounts owed, against either spouse individually or both spouses together, and neither spouse is released from liability by any act, omission, default, or termination by the other.
21.5 Notices and Instructions
Any notice, instruction, revision request, or communication given to InheritGuard by one spouse is deemed given on behalf of both spouses, and any notice or communication InheritGuard delivers to one spouse is deemed delivered to both spouses.
21.6 Relationship to Attorney Review Engagement
Sections 21.1 through 21.5 govern acceptance of this Agreement between Client and InheritGuard only. Where Client also engages the Firm for an Attorney Review, the Firm’s joint representation of both spouses requires each spouse’s own informed consent and conflict waiver under the California Rules of Professional Conduct, given separately in the Firm’s own engagement agreement. Acceptance of this Agreement, including under Section 21.2, does not substitute for that separate consent.
22 Intellectual Property
Ownership. Except for the personal, completed Estate Planning Bundle delivered to Client, InheritGuard retains all right, title, and interest in and to the Services, including all software, website content, templates, and document forms used to generate Client’s Estate Planning Bundle, and all associated intellectual property rights. Nothing in this Agreement grants Client any license to reproduce, distribute, publicly display, or create derivative works from InheritGuard’s forms, templates, or website content other than for Client’s own personal use of Client’s completed Estate Planning Bundle.
23 Assignment
This Agreement, and any rights or licenses granted under it, may not be transferred or assigned by Client, but may be transferred or assigned by InheritGuard without restriction, including in connection with a merger, acquisition, or sale of assets.
24 Access to a Deceased Client’s Account
InheritGuard is committed to protecting the privacy of Client’s account and information. In the event of Client’s death, InheritGuard will provide access to Client’s account and documents only to a person who provides InheritGuard with acceptable legal documentation establishing that person’s authority to act on behalf of Client’s estate, such as Letters Testamentary, Letters of Administration, a certified copy of a governing trust instrument showing the requesting party as successor trustee, or another court order. Where this is a Joint Engagement, InheritGuard may continue to grant access to the surviving spouse consistent with Section 21. InheritGuard reserves the right to require additional verification before granting access and to decline to grant access where the documentation provided is insufficient.
25 Dispute Resolution; Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS CLIENT’S LEGAL RIGHTS, INCLUDING THE RIGHT TO FILE A LAWSUIT IN COURT.
25.1 Informal Resolution
Before filing a claim, Client and InheritGuard each agree to first send a written description of the dispute to the other party and to negotiate in good faith for at least thirty (30) days in an effort to resolve the dispute informally.
25.2 Binding Arbitration
If a dispute is not resolved informally, Client and InheritGuard agree that any claim or controversy arising out of or relating to this Agreement or the Services shall be resolved exclusively by binding arbitration administered by a mutually agreed arbitration provider, rather than in court, except that either party may bring an individual claim in small claims court, and either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property rights. This Section shall be governed by the Federal Arbitration Act.
25.3 Class Action and Jury Waiver
To the maximum extent permitted by law, Client and InheritGuard agree that any arbitration or proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action, and each party waives any right to a jury trial.
25.4 Opt-Out
Client may opt out of this arbitration agreement by sending written notice to InheritGuard within thirty (30) days of the Effective Date. If Client opts out, this Section 25 will not apply to either party, and the remainder of this Agreement, including Section 15 (Governing Law), will remain in effect.
25.5 Scope; Firm and Reviewing Attorney Excluded
This Section 25 governs disputes between Client and InheritGuard only. It does not apply to, and does not require arbitration of, any dispute between Client and the Firm or a Reviewing Attorney arising from an Attorney Review, which is instead governed by the terms of Client’s separate engagement with the Firm.
26 Acceptance
By reviewing this document and working with InheritGuard you accept these terms as of the Effective Date. Where this is a Joint Engagement, acceptance by either spouse binds both spouses as provided in Section 21.