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Last Updated: February 28, 2023
THESE TERMS OF SERVICE (THESE “TERMS” OR THIS “AGREEMENT”) DESCRIBE THE BINDING LEGAL AGREEMENT BETWEEN YOU AND TRUWILL, LLC WHICH GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE AND THE SELF-HELP DOCUMENTS, FORMS, TEMPLATES, PRODUCTS, CONTENT, AND OTHER SERVICES PROVIDED THEREON (COLLECTIVELY, THE “SERVICES”). BY ACCESSING OR USING THE SERVICES IN ANY WAY YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES. YOU MUST BE 18 YEARS OLD TO USE THE SERVICES. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE “YOU” OR “YOUR”, AS USED IN THESE TERMS, WILL REFER TO SUCH ENTITY.
As used in these Terms, “Company”, “TruWill”, “we”, “us” and “our” refer to TruWill, Inc. and our affiliates (including but not limited to directors, officers, employees, agents, consultants and representatives). Certain products or services we offer may be subject to additional terms which, if any, will be presented to you either at the time of purchase or delivery of the product or service. If you accept such product(s) or service(s), you agree to be bound by those additional terms.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH US ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
We may modify these Terms at any time. If we modify these Terms we will post the modified Terms of Service on our website and will update the “Last Updated” date at the top of these Terms. By continuing to access or use the Services you agree to be bound by the modified Terms. If you do not agree with the modified Terms, you must immediately cease using or accessing the Services.
TRUWILL IS NOT A LAW FIRM, AND WE DO NOT PROVIDE LEGAL ADVICE. AS SUCH, YOUR USE OF THE SERVICES DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. COMMUNICATIONS BETWEEN YOU AND TRUWILL WILL NOT BE PROTECTED AS PRIVILEGED COMMUNICATIONS UNDER THE ATTORNEY-CLIENT PRIVILEGE OR WORK PRODUCT DOCTRINE.
UNLESS YOU ARE OTHERWISE REPRESENTED BY AN ATTORNEY, YOU REPRESENT YOURSELF IN ANY LEGAL MATTER YOU UNDERTAKE THROUGH THE SERVICES.
THE SERVICES ARE PROVIDED SOLELY AS SELF-HELP TOOLS. THE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. WE DO NOT REVIEW ANY INFORMATION YOU PROVIDE US FOR LEGAL ACCURACY OR SUFFICIENCY, DRAW LEGAL CONCLUSIONS, PROVIDE OPINIONS ABOUT YOUR SELECTION OF FORMS, OR APPLY THE LAW TO THE FACTS OF YOUR SITUATION.
IF YOU NEED LEGAL OR OTHER ADVICE FOR A SPECIFIC PROBLEM OR SITUATION, YOU SHOULD CONSULT WITH A LICENSED ATTORNEY OR OTHER QUALIFIED PROFESSIONAL. THE SERVICES ARE NOT A SUBSTITUTE FOR LEGAL ADVICE FROM A QUALIFIED ATTORNEY LICENSED TO PRACTICE IN AN APPROPRIATE JURISDICTION. INFORMATION PROVIDED VIA THE SERVICES, WHETHER LEGAL, TAX, FINANCIAL, OR ANY OTHER INFORMATION, IS PROVIDED ONLY AS INFORMATION AND IS NOT INTENDED, AND SHOULD NOT BE CONSIDERED OR RELIED ON, AS ADVICE. YOU EXPRESSLY AGREE THAT THE USE OF ANY SUCH INFORMATION IS AT YOUR OWN RISK.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT THAT SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OR BE ACCURATE, RELIABLE, SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE, OR THAT THE SERVICES WILL INTEROPERATE WITH ANY OTHER HARDWARE OR SOFTWARE.
YOU AGREE TO READ THE FINAL DOCUMENT(S) BEFORE SIGNING AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
We have no obligation to publish, display, promote, or use any content (information, media, and data of any and all types) you or others provide to us via the Services (“User Content”). We do not claim ownership of, or responsibility or liability for, any User Content, and we may or may not, in our sole discretion, make such content available for inclusion on the Services. We have the right, but not the obligation to monitor User Content and we may remove, redact, append, or modify User Content at any time, for any reason (or for no reason at all). We will not be liable for any third party’s use or access of any User Content and you acknowledge that User Content you post or submit may be made accessible to third parties that are not subject to our control and that we will not be liable for the acts or omissions of any third parties. If we do publish or post User Content, we may include your name in connection with such publication or posting, and you hereby grant us the right to publish and use your name accordingly.
By posting any User Content on the Services, you expressly grant, and you represent and warrant that you have the right to grant, a royalty-free, unlimited, and non-exclusive license to use any or all of the User Content.
We may provide an area for our users and members to contribute feedback. When you submit ideas, documents, suggestions and/or proposals (“Contributions“) to our site, you acknowledge and agree that:
We reserve the right, but have no obligation, to monitor disputes and interactions between you and other users. We disclaim all responsibility for, and shall have no liability for, your interactions with other users, or for any user’s acts or omissions. You acknowledge, understand, and agree that all User Content, whether it is publicly or privately posted and/or transmitted, is the sole responsibility of the individual from whom the User Content originated. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you may incur as a result of User Content.
Furthermore, you agree not to make use of TruWill’s Services for the purpose of:
We reserve the right to pre-screen, refuse and/or delete any content currently available through the Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members. We also reserve the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
We reserve the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by us or any other content providers supplying content services to us. You are prohibited from making any attempt to override or circumvent any of the embedded usage rules in the Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by the Services, despite whether done so in whole or in part, is expressly prohibited.
We will try to delete your User Content quickly upon request. However, there may be latency in deleting User Content from our servers and backed-up versions might exist after deletion. We therefore cannot guarantee that your User Content will be completely deleted. In addition, we do not delete User Content that you have in common with other users. Your request for deletion of your User Content does not affect the rights and licenses granted to us under these terms of service. We may retain and use your User Content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
We grant to you a limited, revocable, non-exclusive, non-transferrable (except as provided below) license to use the Services solely for your personal or internal business use during the term of this Agreement. If you are purchasing a product or service from us that results in a downloadable document, then you may manually download, view, copy and print a single copy of the specific document purchased to one device for the purpose of completing a single transaction for your personal or internal business use.
You acknowledge that we reserve all rights relating to the Services not expressly granted to you. You will not nor permit anyone else to:
If you violate any of the license restrictions above, we may, in addition to all of our other rights herein and at law and in equity, immediately terminate this Agreement without notice or liability to you. We reserve the right to refuse service to anyone for any reason at any time.
You acknowledge, understand and agree that all of our trademarks, copyrights, trade names, service marks, other logos and brand features, and/or product and service names are protected intellectual property, and are and shall remain our property. You agree to not display and/or use our intellectual property in any manner without obtaining our prior written consent.
In our sole discretion, we may disable and/or terminate the account of any user who violates our Terms or our rights, or who infringes the rights of others.
DIGITAL MILLENNIUM COPYRIGHT ACT
We have adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any User Content or our content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:
All DMCA Takedown Notices should be sent to DMCA@truwill.com.
You may cancel or terminate your account, associated email address and/or access to the Services by submitting a cancellation or termination request via the Services or to accounts@truwill.com. You agree that we may, without any prior written notice, and with or without cause, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of the Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
Furthermore, you agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of the Services. Upon termination for any reason or no reason, you continue to be bound by these Terms. Any data, account history and account content residing on the servers running the Services may be deleted, altered, moved or transferred at any time for any reason in our sole discretion, with or without notice and with no liability of any kind. Wel do not provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on the servers running the Services.
If we choose to terminate your access to the Services, such termination may include any or all of the following:
We retain the right to change or stop providing the Services at any time. We may, without prior notice, change the Services, stop providing the Services or certain features of the Services, or create usage limits for the Services.
You agree to pay us in accordance with our terms of sale and authorize us to charge the payment method you provide for all taxes and any other fees associated with your purchase. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment, billing policies, and refund policies applicable to such fees and charges. We may add, change, or otherwise amend fees and charges for new or existing services, at any time in our sole discretion.
Although you may cancel your account at any time, we do not provide refunds for cancellation. All purchases are final. You understand and agree that refunds are discretionary and may be considered on a case-by-case basis in accordance with our refund policy. In the event that we suspend or terminate your account we will not provide you a refund of any amount, of any kind, for any reason.
You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
We may offer the Services as a one-time purchase or Services on a subscription basis. If you elect to use the Services on a subscription basis, your initial purchase will provide you access to the Services for a set period of time selected by you or indicated at checkout. Your paid subscription will automatically renew after each such period of time, and will continue to automatically renew until canceled. Your payment method will be charged upon each renewal of your paid subscription.
We may or may not send a courtesy reminder to your account’s email address before any automatic renewal. Unless required by applicable law, we are not required to provide such notice. You agree that your failure to read, your failure to receive, or our failure to send any such notice creates no liability for us or any right to rescind an automatic renewal payment. If you wish to cancel the automatic renewal of your paid subscription, you must cancel your plan through your account. You may request assistance with canceling your plan by emailing to accounts@truwill.com. Cancellation requests must be made at least five business days before the next automatic renewal. We do not offer or provide refunds for any unused portion or time remaining in a subscription. We may change the renewal price for your paid subscription at any time. Any changes made will only take effect upon the next automatic renewal following the provision of notice to you regarding the change in renewal price. If you do not wish to renew at the changed renewal price, you must cancel your plan through your account or by providing notice to accounts@truwill.com at least five business days prior to the automatic renewal. You agree that we may store your payment method and related payment information. You authorize us to automatically charge your payment method for any automatic renewal payments. You may update your payment method through your account or by contacting us at accounts@truwill.com. If any attempt to charge your payment method is not successful or if the automatic renewal payment fails for any reason, we may suspend or terminate your access to the Services without notice to you.
We provide the Services only to users who reside in the United States. Those who access or use the Services from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident outside the United States.
You provide us your data at your own risk and consent to have it processed in the United States and in other countries that may host servers or cloud services that we utilize to provide the Services. You hereby expressly grant consent to Company to: (a) process your personal data (including sensitive personal data) in accordance with our Privacy Policy and to collect, use, and disclose such personal data in order deliver the Services and otherwise in accordance with these Terms; (b) disclose your personal data (including sensitive personal data) to the categories of recipients described in the Privacy Policy; (c) transfer your personal data (including sensitive personal data) throughout the world, including to the United States and other countries that do not ensure adequate protection for personal data; and (d) disclose your personal data (including sensitive personal data) to comply with lawful requests by government agencies and/or officials, including to meet national security or law enforcement requirements.
For more information on our security policies and practices, see our Security Page and our Privacy Policy.
We do not endorse and are not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any third party. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any third party, we are not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in activities of any third party, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such third party exclusively and do not involve us. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging with a third party.
Third parties may link or otherwise direct users to the Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party websites. We do not control or operate any such third party websites. Any information you provide to these third party websites is subject to the respective policies of those third parties, and not our policies. It is your responsibility to review such third party policies, including any relevant privacy policies. You agree that we will not be responsible or liable for, and do not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You use these third party websites at your own risk.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties found on or through the use of the Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Services.
You agree to indemnify us if a claim is made against us due to your actions. You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless TruWill, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to: your access to or use of the Services; your User Content; your conduct toward other users; your breach of these Terms; your violation of any law, rule or regulation of the United States or any other country; or any other party’s access and use of the Services with your unique username, password or other appropriate security code.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRUWILL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS OR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (VI) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. WE EXPLICITLY DISCLAIM ANY AND ALL LIABILITY AND/OR RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION THAT MAY BE DEEMED CONFIDENTIAL BY YOU OR ANY THIRD PARTY. IN NO EVENT SHALL TRUWILL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US UNDER THIS AGREEMENT. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE WERE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree that the Services shall be deemed to be (i) solely based in Utah and (ii) passive in such a manner that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Utah. It is at the mutual agreement of both you and TruWill with regard to this Agreement that the relationship between the parties be governed by the laws of the State of Utah without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to this Agreement, or the relationship between you and TruWill, shall be filed within the courts having jurisdiction within Utah. You agree to waive any and all objections to the exercise of jurisdiction over by such courts and to venue in such courts.
If you are dissatisfied with the Services for any reason, please contact us first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against us, these terms will apply.
If you pursue a legal claim against us, you agree to arbitration (with limited exceptions).
Utah law and the Federal Arbitration Act will apply if there is a dispute (except where prohibited by law). Except where our arbitration agreement is prohibited by law, the laws of the State of Utah, excluding Utah’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Services. Notwithstanding the foregoing, the Arbitration Agreement above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Utah governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
Notwithstanding anything in these Terms to the contrary, if we modify or amend this Section 16 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” at the top of these Terms. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and TruWill in accordance with the provisions of this Section 16 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms of Service).
We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, through conspicuous posting of such notice on our website, or through other manners and methods as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our users. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add info@truwill.com to your email address book to help ensure you receive email notifications from us.
This Agreement, together with any amendments and any additional agreements you may enter into with usl in connection with the Services, shall constitute the entire agreement between you and us concerning the Services. If any part, portion, or provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remainder of this Agreement, which shall remain in full force and effect.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and any failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by us, in our sole discretion, without restriction.
Headings. The headings in these Terms are included solely for convenience of reference and shall not be construed as limiting or in any way modifying the text of these Terms.
TruWill, Inc.
info@truwill.com
(866) 788-0585
62 E 800 N STE 207
Spanish Fork, UT 84660
