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Key Terms- Privacy Policy

 

Affiliate – An affiliate is an entity that belongs to The Trusting Co. group of companies, including all subsidiaries.

Algorithm – A process or set of rules followed by a computer in performing problem-solving operations.

Application Data Cache – An application data cache is a data repository on a device. It can, for example, enable a web application to run without an internet connection and improve the performance of the application by enabling faster loading of content.

Browser Web Storage – Browser web storage enables websites to store data in a browser on a device. When used in “local storage” mode, it enables data to be stored across sessions. This makes data retrievable even after a browser has been closed and reopened. One technology that facilitates web storage is HTML 5.

Business User – An individual or entity who is not a consumer (see customer).

Customer – An individual who uses Trusting Co. services for personal, non-commercial purposes outside of their trade, business, craft, or profession. (See business user)

Cookies – A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the site again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information. You can configure your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. Learn more by reading Trusting Co.’s Cookies Policy.

Copyright – A legal right that allows the creator of an original work (such as a blog post, photo, or video) to decide if and how that original work may be used by others.

Device – A device is a computer that can be used to access Trusting Co.’s services. For example, voice control devices, desktop computers, tablets, smart speakers, and smartphones are all considered devices.

Disclaimer – A statement that limits someone’s legal responsibilities.

Trusting Co. Account – You may access some of our services by signing up for a Trusting Co. Account and providing us with some personal information (name, email address, phone number, and a password). This Trusting Co. Account information is used to authenticate you when you access our services and protect your Trusting Co. Account from unauthorized access by others. You can edit or delete your Trusting Co. Account at any time through your Trusting Co. Account settings.

Indemnification – An individual, Customer, Business User, or organization’s contractual obligation to compensate the losses suffered by another individual, Customer, Business User, or organization from legal proceedings such as lawsuits.

Intellectual Property Rights – Rights over the creations of a person’s mind, such as inventions (patent rights); literary and artistic works (copyright); designs (design rights); and symbols, names, and images used in commerce (trademarks). IP rights may belong to you, another individual, or an organization.

IP Address – Every device connected to the Internet is assigned a number known as an Internet protocol (“IP”) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.

Liability – Losses from any type of legal claim, whether the claim is based on a contract, tort (including negligence), or other reason, and whether or not those losses could have been reasonably anticipated or foreseen.

Non-Personal Identifiable Information – This is information that is recorded about Customers and/or Business users so that it no longer reflects or references an individually-identifiable user.

Organization – A legal entity (such as a corporation, non-profit, or school) and not an individual person.

Personal Information – This is information that you provide to us which personally identifies you, such as your name, email address, or billing information, or other data that can be reasonably linked to such information by Trusting Co., such as information we associate with your Trusting Co. Account.

Pixel Tag – A pixel tag is a type of technology placed on a website or within the body of an email for the purpose of tracking certain activity, such as views of a website or when an email is opened. Pixel tags are often used in combination with cookies.

Referrer URL – A Referrer URL (“Uniform Resource Locator”) is information transmitted to a destination webpage by a web browser, typically when you click a link to that page. The Referrer URL contains the URL of the last webpage the browser visited.

Sensitive Personal Information – This is a particular category of personal information relating to topics such as confidential medical facts, racial or ethnic origins, political or religious beliefs, or sexuality.

Server Logs – Like most websites, our servers automatically record the page requests made when you visit our sites. These “server logs” typically include your web request, Internet Protocol address, browser type, browser language, the date and time of your request, and one or more cookies that may uniquely identify your browser.

Services – Trusting Co. Accounts, either Customer, Business User, or both, along with our Affiliates, are subject to our Terms and Privacy Policy, and are considered Services.

Trademark – Symbols, names, and images used in commerce that are capable of distinguishing the goods or services of one individual or organization from those of another.

Unique Identifiers – A unique identifier is a string of characters that can be used to uniquely identify a browser, app, or device. Different identifiers vary in how permanent they are, whether they can be reset by users, and how they can be accessed.

Unique identifiers can be used for various purposes, including security and fraud detection, syncing services such as your email inbox, remembering your preferences, and providing personalized advertising. For example, unique identifiers stored in cookies help sites display content in your browser in your preferred language. You can configure your browser to refuse all cookies or to indicate when a cookie is being sent. On other platforms besides browsers, unique identifiers are used to recognize a specific device or app on that device. 

Warranty – An assurance that a product or service will perform to a certain standard.

Your Content – Things that you write, upload, submit, store, send, receive, or share with Google using our services, such as:

  • Docs, Sheets, and Slides you create
  • Blog posts you upload
  • Reviews you submit about Third-Party Affiliates
  • Videos you store
  • E-Mails you send and receive through Gmail
  • Pictures you upload

***Please note, you’re entitled to your information as long as you have paid for our subscription. If for some reason you decide to terminate our service or your payment method is declined, you will have a 60-day period to re-instate and update your payment information. After that 60-day period has expired, Trusting Co. will delete all of your information.

How Trusting Co. Uses Credit Card Numbers for Payment

To expedite your online and offline payments, Trusting Co. uses credit card and debit card numbers for purchases, including: expedition, trek, life raft, and task unit. Credit and debit card numbers will also help track and mitigate fraud. The Trusting Company’s Privacy Policy provides detailed information about how we use your account and payment information, including, the information we collect from you and how we share it. We only share personal information with third parties in the circumstances described in Trusting Co.’s Privacy Policy. The Trusting Company encrypts and stores credit card and debit card information in a in a secure location.

THE TRUSTING COMPANY

PRIVACY POLICY

Updated May 20, 2020

The Trusting Company (“Trusting Co.”) is serious about protecting your privacy and is understanding to potential concerns about how we use the personal information we collect from and about you. In addition to this Privacy Policy, Trusting Co. has policies and practices designed to secure your personal information and to ensure the information about you, consistent with this Privacy Policy.  We actively design and apply principles of privacy and have a data privacy team dedicated to securing your personal information, keeping it safe and proper.

This Privacy Policy describes how we collect, use, process, and disclose the personal information of consumers. This Privacy Policy applies to The Trusting Company, LLC as well as its subsidiaries and affiliates.

The scope of this Privacy Policy covers your use of the Trusting Co.’s website and any other ways in which you may interact with Trusting Co., including, when you speak to us telephonically.  It also describes the choices available to you regarding our use of your personal information.  Information specific to California residents are also included within this policy. 

This Privacy Policy is incorporated into Trusting Co.’s Terms of Use and Terms of Service, and therefore, governs your use of Trusting Co.’s services. By using Trusting Co.’s services, you accept the terms of this Privacy Policy. If you have questions or concerns about the Privacy Policy, or would like to exercise any of your rights around how data about you is used, you may E-Mail Customer Care at [email protected]  If you are a consumer with a disability and are having trouble accessing this Privacy Policy, you may request to receive this Privacy Policy by E-Mailing [email protected]

Information We Collect About Consumers:

In this section of the Privacy Policy, we explain what types of Personal Information we may collect about consumers.  The Personal Information collected depends on the type of interaction we have with a consumer (such as calling, visiting our website, or using one of our desktop or mobile apps), the types of products a consumer considers or purchases, and what information Trusting Co.’s customers choose to share with us.  This section includes all of the information that we may collect about consumers, but we will rarely collect all of these types of information about any single person. 

As used in this Privacy Policy, Personal Information means information that relates, and is capable of being linked, to a particular person.  It does not include de-identified or aggregate information. 

Trusting Co. potentially collects the following categories of information about consumers, some of which may be collected or maintained in a manner such that it can be considered Personal Information:

Identifiers: Examples of the types of identifiers that Trusting Co. may collect include: real names, nicknames, postal addresses, online identifiers, Internet Protocol addresses (“IP addresses”), E-Mail addresses, account numbers, Social Security numbers, driver’s license numbers, passport numbers, and other government identification numbers.

Other types of information:  Examples of other types of information include physical characteristics or descriptions of you, telephone number, insurance policy number, education, employment, groups, affiliates, family, advisors, family, financial information including bank account, credit card, and debit card numbers, and health insurance information.  It also includes additional information provided to Trusting Co. directly by you, such as when you complete a questionnaire, answer a survey, or receive a financial consultation. This category includes information identified as Personal Information in California Civil Code Section 1798.80(e) that is not otherwise categorized.

Characteristics protected under some laws: Examples of the types of characteristics that Trusting Co. collects, may include: age, national origin, citizenship, marital status, medical information, sex, sexual orientation, and veteran or military status.

Commercial information: Examples of the types of commercial information that Trusting Co. may collect includes records of business and other property owned, products or services purchased, obtained, or considered from Trusting Co. or our partners, and other purchasing or consuming histories or tendencies.

Internet information: Examples of the types of internet or other electronic network activity information that Trusting Co. may collect includes browsing history, search history, information about the device the consumer is using to access our website or applications, and information regarding a consumer’s interaction with Trusting Co.’s or our partners’ websites, applications, or advertisements.  We may also collect information from visitors to our website such as browser settings, operating systems, referring/exit pages, and clickstream data.  When we send you an E-Mail, Trusting Co. may also collect information, including about how you interact with that E-Mail.

Geolocation information: Trusting Co. may collect information about where a consumer resides or is otherwise located.

Audio and visual information: Trusting Co. may make audio recordings of calls with consumers.  We may make visual recordings of consumers when they visit our premises or when consumers agree that Trusting Co. may take their photograph or videotape them.  We may also collect visual images of consumers when they are provided to us in connection with a product, such as when they are submitted as part of a trademark order. We do not collect thermal or olfactory information.  

Professional and employment-related information: Examples of the types of professional and employment-related information Trusting Co. may collect includes information about professional status and affiliations, employment history, and employment status.

We do not collect biometric or education information that is maintained by an educational institution or party acting on an educational institution’s behalf.  We also do not collect inferences about consumers, although as described below, may we may internally create inferences based on the information that we do collect.

Where We Collect Information About Consumers.

In this section of the Privacy Policy, we explain where and how we collect data about consumers.  We receive information about consumers from several categories of sources.  To learn more about which categories of information we collect from which source, please refer to the chart in the section below entitled Summary of Trusting Co.’s Practices Regarding Consumer Information.

Consumers:  The vast majority of the information collected by Trusting Co. comes directly or indirectly from the consumer that it relates to.  Information that is collected directly from you is information that you provide when you complete a form online, use a chat feature, or speak to us on the phone.  We may also collect information indirectly about you when you interact with our website, through the use of cookies and other tracking technologies.  Indirect collection is described in more detail in the section below called “How Trusting Co. Uses Cookies and Similar Technologies.”

Related Consumers: We may collect information about you from someone you know.  For instance, if you are an advisor, family member, beneficiary, affiliate, or contact listed or formed through Trusting Co., we may be given information about you in order to complete the formation.

Employers: We may collect information about you from your employer if your employer has elected to provide you with employment benefits through Trusting Co.  For instance, your employer will tell Trusting Co. when you are first eligible to receive services from Trusting Co. as part of your benefits.

Service Providers: We may collect information about you from our Service Providers.  As used in this Privacy Policy, Service Providers means entities that Trusting Co. has contracted with to provide us with services to help fulfill our business needs.  An example of the type of information that we may receive from a Service Provider is information about whether any Legal Mail has been received as part of our Registered Agent services.  Service Providers may also assist us in collecting information both directly and indirectly from you.

Professionals (including Legal Plan Attorneys and other Professionals): We may collect information about you from the independent professionals with whom you may schedule a consult with through our Third Party Professionals or other product offerings.  An example of the type of information that we may receive from these professionals includes the fact that a consult has occurred.  While we cannot control what information third party attorneys share with us, Trusting Co. does not intend to collect any information from third party attorneys where the collection would result in a waiver of the attorney-client privilege.

Business Partners and Affiliates:  We may collect information about you from our business partners and affiliates.  An example of the type of information that we may receive from business partners and affiliates is information about the product you purchased from them after you indicated an interest in an offer that Trusting Co. presented to you. 

Publicly/Commercially Available Information:  We may collect information related to you from publicly available sources of information, including government records and commercially available sources of consumer information.  Examples of the type of information we may collect from publicly available sources are whether your entity is in good standing with a Secretary of State or whether you have recently expressed interest in purchasing a product that Trusting Co. sells.

Unrelated Parties:  We may receive information related to you from people and entities with whom Trusting Co. does not have a direct relationship.  An example of the type of information that we may receive from unrelated third parties is documents that we receive on your behalf in our role as your Registered Agent.

How We Use the Information We Collect About Consumers.

In this section of the Privacy Policy, we explain our commercial and business purposes for collecting information about consumers.  Trusting Co. uses the information that it has collected about consumers, for the purposes listed below.  In some instances, we may combine information that we have collected from multiple sources in order to fulfill these purposes. Trusting Co. may potentially uses each category of information that we collect for each of these purposes.

If, in the future, Trusting Co. wishes to use information about you in a manner that is not consistent with the purposes outlined below, we will seek your consent prior to the expanded use if and where we are legally required to do so.     

Providing Products and Services:  Trusting Co. collects information for the purpose of providing products and services.  We may also use information to respond to inquiries from potential customers who are interested in learning more about our products and services.  Examples of the types of uses of consumer information for these purposes include producing and delivering documents purchased by consumers, administering the Trusting Co. website, and displaying content based on consumer preferences.

Security:  Trusting Co. collects information for the purpose of ensuring that we maintain appropriate security over computer networks and our physical facilities.  We may also collect information for the purposes of detecting fraud or other suspicious activities.

Meeting Legal Requirements:  Trusting Co. collects information in order to meet our legal obligations.  These obligations may include satisfying screening requirements prior to assisting with entity formations, maintaining records as required in our role as Registered Agent, or responding to subpoenas for information.

Marketing:  Trusting Co. collects information for use in marketing to current and prospective customers.  More information about how you can control the marketing you receive from Trusting Co. is located in the sections “How Trusting Co. Uses Cookies and Similar Technologies” and “How You Can Control The Information Trusting Co. May Have About You.”

Product Development: Trusting Co. collects information for use in improving our existing products and developing new products.

Analytics:  Trusting Co. collects information for use in performing various types of analytics.  For example, Trusting Co. uses information to analyze how visitors interact with our website, where visitors to our website arrive from and exit to, and gaining insights into the types of consumers that may be interested in our products and services.  We may also use information to develop inferences from the information we collect regarding consumer preferences, characteristics, predispositions, behaviors, and attitudes.

Operational Purposes:  Trusting Co. collects information for use for our operational purposes, and the operational purposes of our service providers and business partners.  For instance, Trusting Co. may use information for maintaining our website and other infrastructure, training and quality assurance, for conducting surveys or sweepstakes, to promote our brand, and to use in connection with our relationships with service providers and business partners.

Sharing with Business Partners:  Trusting Co. collects information in order to provide business partners’ information in connection with consumers who have either expressed interest in hearing from the business partner or who have purchased a bundled product through Trusting Co.

Financial Reporting:  Trusting Co. collects information for use in various types of financial reporting and other similar internal uses.  Examples of the types of financial reporting that Trusting Co. may use consumer information in connection with are internal budgets and projections, calculation of compensation, and reporting to investors.

Business Transfers: If Trusting Co. undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including information related to consumers in connection with the transaction or in contemplation of the transaction (such as conducting due diligence).  If such an event occurs, your information may be treated like any other Trusting Co. asset and sold, transferred, or shared with third parties, or used in ways not contemplated or permitted under this Privacy Policy. In this case, you will be notified via email and/or a prominent notice on our site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information. 

In addition to the purposes listed above, Trusting Co. may also use de-identified or aggregate data that is not capable of being linked to any individual consumer for additional purposes not listed above.

How We Share Consumer Information and Who We Share It With.

In this section of the Privacy Policy, we explain who we share consumer information with and under which circumstances we may do so.  To learn more about which categories of information are shared with which third parties, please refer to the chart in the section below entitled Summary of Trusting Co.’s Practices Regarding Consumer Information.

Service Providers: Trusting Co. may share information about consumers with Service Providers who assist us with completing the business purposes outlined in the “How We Use the Information We Collect About Consumers” section.  These companies are not authorized to use the information we share with them for any other purpose other than providing services to Trusting Co. or to you.

Professionals (including Attorneys and other Professionals): Trusting Co. may share consumer information with the independent professionals that can be accessed through products such as our third-party advisors, attorney-assisted products, and professional assisted products.

Business Partners and Affiliates: Trusting Co. may share information with business partners and affiliates in limited circumstances.  These include:

  • If you express interest in an offer made by a business partner, we may provide information about you in connection with the offer you have selected.  If you later decide to opt-out from allowing Trusting Co. to share your information with business partners for their marketing purposes, you may do so by contacting Customer Care at [email protected] To the extent that Trusting Co. has already shared your information prior to your decision to opt-out, you may opt out from future marketing by contacting our business partners directly.
  • When you purchase a product from us that is bundled with a product offered by one of our business partners, we will share information about you with those business partners so that they can provide you with the product or services included with your purchase.  These companies are not authorized to use the information we share with them about you for their own marketing purposes without first asking for your permission.

Employers: Trusting Co. may share information with employers who have elected to provide employment benefits through Trusting Co.  This is done for operational purposes, such as verification of employee emails.  Trusting Co. does not share Personal Information that is collected during advice sessions with employers.

Related Consumers: In limited circumstances, we may provide information about you to someone you know.  For instance, we may provide information connected to your account with Trusting Co. to your authorized contacts. 

Government Entities:  Trusting Co. may share information about consumers with government entities in order to fulfill the products purchased by our customers.  Certain Personal Information becomes public record when documents are filed with the federal or state government, or with a court. For example, a corporation’s name, business address, and registered agent name become public information when its articles of incorporation are filed. A Secretary of State may publish this information to its website or provide this information to third parties for a fee. The U.S. Patent and Trademark Office publishes the names and addresses of trademark registrants. This Privacy Policy does not cover these or similar third-party actions.

Public Postings: Trusting Co. may publicly share information about consumers, such as by displaying the information on our website or having the information published in publicly available media, in a limited number of circumstances. 

  • We may share information publicly when it is necessary in order to fulfill a product that has been purchased by a customer.  For example, in some states, the name and address of the deceased and a notice to creditors must be published in a newspaper. 
  • We may display personal testimonials of satisfied customers received through email surveys on our website or other marketing.  If you wish to update or delete your testimonial, you can contact us at [email protected]  
  • When consumers leave us reviews either on the Trusting Co.’s website, or on other publicly available websites, we may display these customer reviews on the Trusting Co. website.  If you provide a review that we display and wish to update or delete it, you can also contact us at [email protected]  We will delete your review at your request or if, at our discretion, we choose not to update your review as requested.
  • Our website includes areas where users may interact with each other, including a question and answer section.  Any information that is provided in these areas of our website may be publicly available.  You should use caution when deciding whether to disclose your Personal Information in these areas of the site. To request removal of your information from our community forums, contact us at [email protected]  In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
  • When we collect publicly available information, we may share that information on our website. 

Required by Law: Trusting Co. may disclose consumer information as required by law, such as in response to a subpoena, a lawful request by a public authority, including to meet national security or law enforcement requirements, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a legal request.

Related Parties: Trusting Co. may disclose consumer information with businesses controlling, controlled by, or under common control with Trusting Co. If Trusting Co. is merged, acquired, or sold, or if some or all of our assets or equity are transferred, we may disclose or transfer consumer data in connection with the associated transactions.

In addition to the circumstances listed above, Trusting Co. may also share de-identified or aggregate data that is not capable of being linked to any individual consumer with additional entities not listed above.

Summary of Trusting Co.’s Practices Regarding Consumer Information.

The following chart summarizes where Trusting Co. collects each category of information listed above, and how Trusting Co. shares each category of data.  Trusting Co. may use each of the categories of information collected for the purposes described in the section above, entitled “How We Use the Information We Collect About Consumers.”

Category of Information Where We Collect the Information Who We Share the Information With
Identifiers Consumers, Related Consumers, Employers, Service Providers, Professionals, Business Partners, Publicly Available, Unrelated Parties Service Providers, Professionals, Business Partners, Employers, Government Entities, Public, Registered Agents, Required by Law, Related Parties
Other Consumers, Related Consumers, Employers, Service Providers, Professionals, Business Partners, Publicly Available, Unrelated Parties Service Providers, Professionals, Business Partners, Employers, Government Entities, Registered Agents, Required by Law, Related Parties
Protected Characteristics Consumers, Related Consumers, Employers, Service Providers, Professionals, Unrelated Parties Service Providers, Professionals, Business Partners, Government Entities, Public, Required by Law, Related Parties
Commercial Consumers, Related Consumers, Service Providers, Professionals, Business Partners, Unrelated Parties Service Providers, Professionals, Business Partners, Employers, Government Entities, Public, Required by Law, Related Parties
Internet Consumers, Service Providers Service Providers, Business Partners, Required by Law, Related Parties
Geolocation Consumers, Related Consumers, Employers, Service Providers, Professionals, Business Partners, Publicly Available, Unrelated Parties Service Providers, Professionals, Business Partners, Government Entities, Public, Registered Agents, Required by Law, Related Parties
Audio/visual Consumers Service Providers, Required by Law, Related Parties
Professional/employment Consumers, Related Consumers, Employers, Publicly Available, Unrelated Parties Service Providers, Professionals, Business Partners, Government Entities, Public, Required by Law, Related Parties

 

How Trusting Co. Uses Cookies and Similar Technologies.

This section expands on how Trusting Co. uses internet technologies, such as cookies, to collect information about consumers.

Cookies.  Trusting Co. and its partners may use the standard cookie feature of major browser applications and third-party service providers, including Google Analytics features (Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration and Google Analytics Demographics and Interest Reporting), or employ internally developed cookies and tracking codes, that allow Trusting Co. to store a small piece of data on a visitor’s computer, or any other device a visitor uses to access our website, about his or her visit to the website or use of other plug-ins exchanging information with Trusting Co.  We also use similar technologies, such as JavaScripts or ETags, to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole.  You can remove persistent cookies by following directions provided in your Internet browser’s “help” directory.  

You may also control which cookies are placed on your browser when you visit Trusting Co.’s website through our cookie preference center. If you reject cookies, you may still use our site, but your ability to use some areas of our site, such order forms, will be limited.

Cookies Settings

Web Beacons.  We employ a software technology called clear gifs (a.k.a. web beacons), that help us track referrals from our partners and affiliates and better manage content on our website.  Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users.  In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence.

3rd Party Tracking.  The use of tracking technologies by our service providers, technology partners or other 3rd party assets (such as social media links) on the site is not covered by our Privacy Policy.  These 3rd parties may use cookies, clear gifs, images, and scripts to help them better manage their content on our site.   We do not have access or control over these technologies.  

Partner and Affiliate Tracking. Our partners and affiliates, including Google Analytics (Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics and Interest Reporting), may use cookies and web beacons to collect information about your activities on this and other websites to provide you targeted advertising based upon your interests. This means that these partners and affiliates may show our ads on sites across the Internet based upon your previous visits to our website. Together with our partners and affiliates, we may use these cookies and web beacons to report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to your visits to our site. 

If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by sending an E-Mail to [email protected]  Please note this does not opt you out of being served advertising.  You will continue to receive generic ads. If you delete your cookies, use a different browser, or buy a new computer, you will need to renew your online display advertising opt-out choice. You may also learn more about how Google Analytics uses your information by visiting Google’s page How Google Uses Information From Sites or Apps That Use Our Service.  You may also visit Google Analytics’ Ads Settings to opt out of Google’s use of cookies and customize Google Display Network ads, and Google Analytics’ Opt Out Browser Add-on for the web.

Third Party Links:

Third-Party Websites. Trusting Co. may maintain links to other websites and other websites may maintain links to Trusting Co.’s websites. This Privacy Policy applies only to trusting.co and not to other websites accessible from Trusting Co. or that you use to access Trusting Co., each of which may have privacy policies materially different from this Privacy Policy.  

Social Media Widgets. Our website includes social media features, such as the Facebook “like” button and widgets, such as the “Share this” button or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy policy of the company providing it.

How You Can Control The Information Trusting Co. May Have About You.

This section describes how you can access and control the information that Trusting Co. may have about you.  It applies to all consumers worldwide, including individuals who have purchased from Trusting Co. or who believe that information about them may have been provided to us by a third party.  Depending on where you reside, you may have additional rights beyond what is described in this section.  If you are a resident of California, please review the sections “Information for California Residents” for more information about your rights.

Confirmation of Possession of Information Related to You.  Upon a verified request, and subject to the privacy interests of others and technical limitations, Trusting Co. will provide you with information about whether we hold any information related to you. At Trusting Co.’s sole discretion, unless otherwise required by law, we may in some instances correct or delete information upon a verified request.  Please note, however, that in certain circumstances we may be required by law to retain your Personal Information, or may need to retain your Personal Information in order to continue providing a product or service to you or another customer.

If you would like to submit a request about your data, you may do so by E-Mailing [email protected] After you submit the request, you will be asked to verify your email address and may also be asked to provide additional information in order to verify your identity.

User and Authorized Contact Access to Order Information. Trusting Co. will give you, or anyone listed as an authorized contact for your account, information about your order. This may include information about the nature and status of your order, information you provided to process your order, payment information, and contact information. If you want someone to have access to your order, you must list him or her as an authorized contact or they may not obtain information. You can confirm who is listed as an authorized contact for your account, add new authorized contacts, or remove authorized contacts by clicking first on “My Account”, and then on “Account Information”. We may send a confirmation email to your authorized contact(s), alerting them that they have been added as an authorized contact. For some products, we may provide information about your order to other individuals named in the order, such as executors named in a last will. For product-specific information about who may request information about your order, please contact Customer Care at [email protected]

User Access to and Ability to Update Personal Information through MyAccount. You may visit your personal account profile at any time by clicking on the “My Account” link. Once in My Account, you may: (i) review and update basic information about you; (ii) complete pending orders; and (iii) begin new orders. 

Opting Out of Email.  We send promotional emails and newsletters from time to time to consumers who have provided us with their email address or whose email addresses we have obtained through other sources.  You can opt-out of promotional communications by using the “Unsubscribe” link and following the unsubscribe instructions in an email you receive from us or by emailing us at [email protected]  We may also send service-related or transactional communications, which are not promotional.  Generally, you may not opt-out of these communications.  If you do not wish to receive service-related communications, you may terminate your account by contacting us at [email protected]

Opting Out of Marketing Calls.  If you wish to be placed on Trusting Co.’s internal “Do Not Call list,” you can tell us either while speaking to us on the phone or by sending an E-Mail to: [email protected]

Opting Out of SMS/Text Messages.  If you wish to stop receiving SMS or text messages from Trusting Co. you can let us know by replying STOP to any SMS/text that you receive from us.  You may also let us know by E-Mailing [email protected]

Data Retention. At minimum, we will retain your information for as long as needed to provide you services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.  Trusting may maintain some or all of this data in its archives even after it has been removed from the Site.

Information Processed On Behalf of Third Parties

In some instances, Trusting Co. may process Personal Information on behalf of third-party affiliates.  Trusting Co. acknowledges that in these instances, you have the right to access your Personal Information.  Where Trusting Co. has no direct relationship with the individuals whose Personal Information it processes, individuals seeking access, or seeking to correct, amend, or delete inaccurate data, should direct their inquiry to the third-party affiliate (the data controller). 

How Secure Is the Personal Information We Collect?

Our Commitment to Data Security. We strive to make certain that our servers and connections incorporate the latest encryption and security devices. We have implemented physical, electronic, and managerial procedures to safeguard and secure the information we collect. Credit card and Personal Information are transmitted by secure servers (TLS). Documents are delivered to you via UPS or similar delivery services, the United States Postal Service, or electronically, including through online storage platforms or email. Unfortunately, no data transmission is guaranteed to be 100% secure and we therefore cannot guarantee the security of information you transmit to or from our website or through the use of our services, and you provide this information at your own risk. ACCORDINGLY, WE DISCLAIM LIABILITY FOR THE THEFT, LOSS, OR INTERCEPTION OF, OR UNAUTHORIZED ACCESS OR DAMAGE TO, YOUR DATA OR COMMUNICATIONS BY USING OUR WEBSITE AND OUR SERVICES. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ASSUME THESE RISKS.

IF YOU BELIEVE YOUR PRIVACY HAS BEEN BREACHED PLEASE CONTACT US IMMEDIATELY at customer[email protected]

Enforcement. We periodically review this Privacy Policy and our compliance with it to verify that both are accurate. We encourage you to contact us with any concerns, and we will investigate and attempt to resolve any complaints and disputes about our privacy practices.

Information for California Residents.

If you are a resident of California, this section provides information regarding your rights, and Trusting Co.’s responsibilities, regarding your Personal Information. 

California Resident Rights

California law allows California residents, upon a verifiable consumer request, to request that a business that collects consumers’ Personal Information give consumers access to certain information.  This includes the specific pieces and categories of Personal Information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared.

California residents also have the right to submit a request for deletion of information under certain circumstances.  This is not an absolute right and, in some circumstances, Trusting Co. may decline to delete the information, such as when Trusting Co. has an on-going business relationship with you, when we have a continued need to use the information for purposes outlined in this Privacy Policy, or when we are legally required to retain the information.   

Consistent with California law, if you choose to exercise your rights, we will not charge you different prices or provide different quality of services unless those differences are related to your information.

How to Submit a Request for Access to Information or Deletion of Information

If you would like to submit a request about your data, you can submit a request by emailing [email protected]

After you submit the request you will be asked to verify your email address and may also be asked to provide additional information in order to verify your identity, including potentially providing a declaration under penalty of perjury.  Trusting Co. will attempt to verify your identity by asking for information that correlates with the information that we have previously collected about you.    Where this is not possible, Trusting Co. may request you submit additional information for verification, such as proof of residency or redacted government-issued identification.  Please note that consistent with California law, we will be unable to satisfy your request until we have verified your identity.

You may also designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide Trusting Co. with written permission for the agent to make the request on your behalf or provide us with an executed power of attorney.  You will also be required to submit your valid government issued-identification, and the authorized agent’s valid government-issued identification.

Changes To This Policy.

We may update this privacy policy to reflect changes to our information practices. If we make any material changes, a notice will be posted on this page along with the updated Privacy Policy prior to the change becoming effective. We encourage you to review this page periodically for the latest information on our privacy practices.

If you have any questions regarding our Privacy Policy, please contact us by submitting your question to [email protected] or via U.S. mail using the information below.

Mailing Address:

The Trusting Company

Attn: Privacy Team

841 Prudential Drive, Suite 1200

Jacksonville, Florida 32207

 

The Trusting Company

Terms of Use

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. 

By using the The Trusting Company, LLC (“Trusting Co.”), website (the “Site”) or any  applications or application plug-ins (“Applications”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to Trusting.Co and “Services” refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please E-Mail [email protected] 

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

These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Please also refer to Trusting Co.’s Terms of ServiceSupplemental Terms of Service for Subscriptions and Third-Party Services, and Privacy Policy, each of which is incorporated herein by reference.

Trusting.co provides an online legal portal to give visitors a general understanding of the law and to provide an automated software solution to individuals who choose to prepare their own legal documents. Customer need not download or even license Trusting Co. software. Trusting Co. hosts its software as a backend service for customers when they create their own documents. The Site includes general information on commonly encountered legal issues. The Trusting Co. Services also include a review of your answers for completeness, spelling, and for internal consistency of names, addresses and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Trusting Co. is not a law firm and may not perform services performed by an attorney. Trusting Co., its Services, and its forms or templates are not a substitute for the advice or services of an attorney.

Trusting Co. strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Trusting Co. cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Trusting Co. provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

From time to time, Trusting Co. may perform certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to (i) legal plans, (ii) third party attorney directory listings, professional advisor directory listing, and (iii) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with Trusting Co. through the performance of any such services.

This Site and Applications are not intended to create any attorney-client relationship, and your use of Trusting Co. does not and will not create an attorney-client relationship between you and Trusting Co.. Instead, you are and will be representing yourself in any legal matter you undertake through Trusting Co.’s legal document service.

1. Privacy Policy. 

Trusting Co. respects your privacy and permits you to control the treatment of your personal information. A complete statement of Trusting Co.’s current Privacy Policy can be found at www.trusting.co. Trusting Co.’s Privacy Policy is expressly incorporated into this Agreement by reference.

When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify Trusting Co. immediately of any unauthorized use of your account, user name or password. Trusting Co. shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Trusting Co., our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

In connection with the use of certain Trusting Co. products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant Trusting Co. a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by Trusting Co. at any time by removing your personal information from the applicable service.

2. Ownership. 

This Site and Applications are owned and operated by The Trusting Company, LLC. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Trusting Co. or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Trusting Co., none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of Trusting Co.’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Trusting Co. does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Trusting Co. Any rights not expressly granted herein are reserved by Trusting Co.

3. Limited Permission to Download.

Trusting Co. hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer (or, for Microsoft Agave users, one copy of the Application on up to five devices affiliated with your account, solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

4. Links to Third Party Sites. 

This Site and Applications may contain links to websites controlled by parties other than Trusting Co. (each a “Third Party Site”). Trusting Co. works with a number of partners and affiliates whose sites are linked with Trusting Co. Trusting Co. may also provide links to other citations or resources with whom it is not affiliated. Trusting Co. is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Trusting Co.  makes no guarantees about the content or quality of the products or services provided by such sites. Trusting Co.  is not responsible for webcasting or any other form of transmission received from any Third Party Site. Trusting Co.  is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Trusting Co.  of the Third Party Site, nor does it imply that Trusting Co.  sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Trusting Co. is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

5. Use of Trusting Co. Legal Forms. 

On our Site, through our Applications, and through certain partners, we offer self-help “fill in the blank” forms. If you buy a form from one of our partners, you will be directed to that partner’s website and their terms of use will control. If you buy or download a form on our Site or Application, the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or- use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.

License to Use.

Trusting Co.  grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.

Resale of Forms Prohibited.

By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Trusting Co.

6. DISPUTE RESOLUTION BY BINDING ARBITRATION

Please read this carefully. It affects your rights.

Summary: 

Most customer concerns can be resolved quickly and to the customer’s satisfaction by E-Mailing our customer care center at: [email protected] In the unlikely event that the Trusting Co. Customer Care Center is unable to resolve your complaint to your satisfaction (or if Trusting Co.  has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, Trusting Co. will pay initial filing fee of the arbitration. Moreover, in arbitration you may recover attorney’s fees from Trusting Co.  to the same extent or more as you would in court. The arbitrator shall apply the same limitations period that would apply in court.

Under certain circumstances (as explained below), Trusting Co.  will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) his or her reasonable attorney’s fees if the arbitrator awards you an amount greater than what Trusting Co.  offered you to settle the dispute. 

You may speak with independent counsel before using this Site or completing any purchase.  

Arbitration Agreement: 

(a) Trusting Co. and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
  • claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of these Terms.

For the purposes of this Arbitration Agreement, references to ” Trusting Co.,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document. 

Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Trusting Co.  are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms. 

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Trusting Co. should be addressed to: Notice of Dispute, General Counsel, The Trusting Company, LLC, 841 Prudential Drive, Suite 1200 Jacksonville, Florida 32207 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Trusting Co. and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Trusting Co. may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Trusting Co. or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Trusting Co. is entitled. 

You may download or copy a form to initiate arbitration from the American Arbitration Association (“AAA”).

(c) After Trusting Co.  receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Trusting Co. will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association, as modified by these Terms, for all claims under $75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to Trusting Co. The arbitrator is bound by these Terms.  All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide.  Unless Trusting Co. and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which LegalZoom was a party. Except as otherwise provided for herein, Trusting Co. will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Trusting Co. for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.

(d) For claims under $75,000, if, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Trusting Co. ‘s last written settlement offer made before an arbitrator was selected, then Trusting Co. will:

  • pay you either the amount of the award or $2,000 (“the alternative payment”), whichever is greater; and
  • pay your attorney, if any, the amount of reasonable attorney’s fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the “attorney’s payment”).

If Trusting Co. did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney’s fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.  In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Trusting Co.’s last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration proceeding before Trusting Co.’s settlement offer.

(e) The right to attorney’s fees and expenses discussed in paragraph (d) supplements any right to attorney’s fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws Trusting Co. may have a right to an award of attorney’s fees and expenses if it prevails in an arbitration proceeding, Trusting Co. will not seek such an award, for claims under $75,000.

(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND TRUSTING CO. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Trusting Co. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers.  Neither you nor we may seek non-individualized relief that would affect other customers.  If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.

7. Additional Terms.

Some Trusting Co. Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.

8. Reviews, Comments, Communications, and Other Content.

At various locations on the Site or through Applications, Trusting Co. may permit visitors to post ratings, reviews, comments, questions, answers, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.

Rights and Responsibilities of Trusting Co.

Trusting Co. is not the publisher or author of the User Content. Trusting Co.  takes no responsibility and assumes no liability for any content posted by you or any third party.

Although we cannot make an absolute guarantee of system security, Trusting Co. takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.

If Trusting Co. ‘s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Trusting Co.  reserves the right to delete those files or to stop those processes. If the Trusting Co.  technical staff suspects a user name is being used by someone who is not authorized by the proper user, Trusting Co.  may temporarily disable that user’s access in order to preserve system security. In all such cases, Trusting Co.  will contact the member as soon as feasible.

Trusting Co.  has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.

Rights and Responsibilities of Trusting Co. Users or Other Posters of User Content.

You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any Trusting Co. service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:

  • that is known by you to be false, inaccurate or misleading;
  • that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
  • that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
  • that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
  • that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
  • that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
  • that contains any computer virus, worms, or other potentially damaging computer programs or files;
  • that otherwise violates these Terms of Use.

Attorneys that submit User Content and provide advice do so at their own risk.

Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.

You grant Trusting Co.  a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.

You are not required to provide your real name when signing up as a user of Trusting Co. Trusting Co. permits anonymous or pseudonymous accounts. Any user may request that such member’s email address be hidden to provide for additional privacy.

Ratings and reviews will generally be posted in two to four business days.

By submitting your email address in connection with your rating and review, you agree that Trusting Co.  may use your email address to contact you about the status of your review and other administrative purposes.

9. NO WARRANTY.

THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, LEGALZOOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TRUSTING CO.  MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. TRUSTING CO.  SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

NOTWITHSTANDING THE ABOVE, THIS DISCLAIMER OF WARRANTY DOES NOT APPLY TO THE PURCHASE OF PRODUCTS OR SERVICES BY NORTH CAROLINA CONSUMERS.

10. LIMITATION OF LIABILITY AND INDEMNIFICATION.

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD LEGALZOOM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF LEGALZOOM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF TRUSTING CO.  , IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.

11. Unsolicited Submissions.

Except as may be required in connection with your use of Trusting Co. Services, Trusting Co. does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to Trusting Co. through or in association with this Site shall be considered non-confidential and Trusting Co.’s property. By providing such submissions to Trusting Co. you hereby assign to Trusting Co., at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Trusting Co. shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

12. Compliance with Intellectual Property Laws.

When accessing Trusting Co. or using the Trusting Co. legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Trusting Co.user account.

Trusting Co. has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Trusting Co. or of a third party or that violate intellectual property rights generally. Trusting Co.’s policy is to remove such infringing content or materials and investigate such allegations immediately.

Copyright Infringement:

1. Notice. Trusting Co. has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company’s policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above written information must be sent to our registered Copyright Agent:

The Trusting Company

Attn: General Counsel

841 Prudential Drive, Suite 1200

Jacksonville, Florida, 32207

2. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.

13. Inappropriate Content.

When accessing the Site, any Applications, or using Trusting Co.’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Trusting Co. reserves the right to terminate or delete such material from its servers. Trusting Co. will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

14. Compliance with Export Restrictions.

You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

15.Personal Use. 

The site is made available for your personal use on your own behalf.

16. Children.

Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.

17. Non-English-Speaking Customers. 

Certain materials on the Trusting Co. site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English.  Non-English translations of these Terms, as well as other terms, conditions, and policies, are provided for convenience only.  In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

18. Customers Needing Extra Assistance. 

Trusting Co. aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the Trusting Co. website, or otherwise have difficulties using the Trusting Co. website, please email [email protected] and our customer care team will assist you.

19. Governing Law; Venue.

Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in paragraph 6 of these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.

20 Copyrights.

All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, The Trusting Company, LLC. ALL RIGHTS RESERVED.

21. Trademarks.

Trusting Co. logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Trusting Co.. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

22. Attorney Access Services; Use of Term “Experience.

The term “experience” or “experienced,” as used on the Site, Applications, and in other communications in reference to third party attorneys participating in Trusting Co.’s legal plans or other attorney access services means that the legal plan primary handling partner of each law firm fulfills the following: (a) possesses a minimum of five years’ experience practicing law, (b) maintains errors and omissions insurance policies consistent with industry standards, (c) is in good standing with the state bar in each jurisdiction in which the attorney is licensed to practice, (d) has no pending malpractice lawsuit, as of the date of joining one of Trusting Co.’s legal plans, and (e) has no public record of discipline by a state bar within the last five years. The term “experience” or “experienced” is not intended to be a comparison to any other attorney’s services or qualifications.

23. Use of Testimonials and Media Endorsements.

The media hosts on the Site endorse Trusting Co. as paid spokespeople in our advertising campaigns.

24. Inquiries.

BY USING TRUSTING CO.’S SERVICES OR ACCESSING THE TRUSTING CO. SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO TRUSTING CO. VIA THE TRUSTING CO. SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO TRUSTING CO., AND THAT TRUSTING CO. MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

25. Right to Refuse.

You acknowledge that Trusting Co. reserves the right to refuse service to anyone and to cancel user access at any time.

26. Acknowledgement.

BY USING Trusting Co.’S SERVICES OR ACCESSING THE Trusting Co. SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. The Trusting Company, LLC,  is located at 841 Prudential Drive, Suite 1200 Jacksonville, Florida 32207.

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