OnlineWills4u | Term of Service

These Terms of Service (“Terms”) govern your use of Personal Legal Plans, Inc. (doing business as Wills4U.com)’s website located at www.wills4U.com (the “Website”), and all content, services and products made available at or through the Website, including document production, information provided, legal plans, and any other services (collectively, the “Services”). As used in these Terms, “PLP”, “we”, “us”, and “our” refer to Personal Legal Plans, Inc., and “Customer”, “you” and “your” refer to the customer who has accessed the Website. IN ORDER TO ACCESS OR USE THE SERVICES, YOU MUST FIRST READ THESE TERMS AND AGREE TO ALL PROVISIONS HEREIN WITHOUT MODIFICATION.

BY ACCESSING AND USING THE WEBSITE, OR ANY PORTION OF THE SERVICES, YOU AGREE (A) TO BE BOUND BY THESE TERMS OF SERVICE (THE “TERMS” ) AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THESE APPLICATIONS AND (B) THAT WELL MAY, AT ANY TIME AND IN ITS SOLE DISCRETION, DISCONTINUE OR MODIFY THE APPLICATIONS OR SERVICE, INCLUDING ELIMINATING OR ADDING FUNCTIONALITY THAT MAY AFFECT OR ALTER YOUR EXPERIENCE USING THE APPLICATIONS OR SERVICE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THESE APPLICATIONS FOR ANY PURPOSE. PLP’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS, TO THE EXCLUSION OF ALL OTHER TERMS, IF THESE TERMS ARE CONSIDERED AN OFFER BY PLP; ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

1. You understand and agree that PLP is not a law firm or an attorney, an investment advisory firm or an accounting firm, and cannot give legal, tax or accounting advice, may not perform services performed by an attorney, and its forms or templates are not a substitute for the advice or services of an attorney, accountant, or financial advisor. Rather, the information provided on the site is general information and not intended to address your specific legal needs. You are representing yourself in this legal matter. No attorney-client relationship or privilege is created with PLP.

2. If, prior to your purchase, You believe that PLP gave You any legal advice, opinion or recommendation about your legal rights, remedies, defenses, options, selection of forms or strategies, You will not proceed with this purchase, and any purchase that You do make will be null and void.

3. You understand that the use of this site is for your own self-help preparation of documents and You are fully responsible for your own inputs, selections, and actions, and You are further responsible for independently determining whether the documents and filing instructions provided by PLP comply with the law, regulations and rules of your applicable jurisdiction.

4. You understand that 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 as described in the PLP Arbitration Agreement, contained in Paragraph 16 of these Terms of Service.

5. YOU UNDERSTAND THAT THE PLP DOES NOT REVIEW YOUR INPUTS AND WILL UTILIZE SUCH INFORMATION AS IS INPUT INTO THE QUESTIONNAIRE. YOU WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING IT, WHERE APPLICABLE, AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).

6. You understand that users of the Website do so at their own risk, and You are fully responsible for ensuring the legality and enforceability of any document produced by the Website and although PLP strives to ensure that its services are complete and up to date, the documents are purely self-help forms for informational purposes and should not be relied upon as legal advice. PLP makes no promises, warrants or guarantees that no errors or omissions exist on the Website or in any document produced by using the Website’s services, or that any such document is suitable for a particular purpose, accurate, reliable, complete or timely.

7. You understand that, dependent upon which plan You choose, the Website may offer a prepaid legal plan, for a separate annual or monthly fee, where the user can get access to an attorney in their jurisdiction to ask questions related to their estate documents in order to determine whether such documents meet their wishes and needs. Such prepaid legal plans and any other services offered by the Website may be subject to additional terms and policies specific to those services. By using any such services, You acknowledge that You have read and agreed to be bound by any such additional terms and policies in addition to these Terms.

8. Accuracy of Information and Third-Party Consent. To the best of your knowledge, You have provided accurate information to the Website and have obtained all third-party consents required for your order.

9. Limitation of Liability and Indemnification. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD PLP 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 PLP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF PLP, 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.

10. Third Party Services.

If You purchased a product that involves third party services, You understand that You may be required to accept additional terms located on the third party’s site. The third party may contact You by email and/or phone with instructions on how to access your benefits. PLP HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AS PART OF ANY THIRD PARTY SERVICES. PLP IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. A THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF PLP AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE WEBSITE.

11. Future Products and Services. If You choose to add a product or service to your order subsequent to this initial purchase, these Terms of Service will apply to that additional product or service purchase as well.

12. Abandoned Orders. Your purchase allows You to create your own legal documents. You understand that, other than as required by applicable law, You shall have no right to cancel, request a cash refund or obtain store credit for any undelivered order after thirty (30) days have elapsed from the purchase date unless PLP is at fault. All itemization of fees are displayed for convenience only. Both parties acknowledge that PLP is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to PLP for reimbursement of our commitment to service this order.

13. Suspended Accounts. If PLP encounters evidence of suspicious activity in connection with your account, including, but not limited to, evidence that your account is being used by someone who is not authorized to do so, You acknowledge that PLP, in its sole discretion, may opt to temporarily disable your account for a reasonable amount of time in order to investigate. In the event that PLP disables your account, You understand that, absent a subpoena or court order, no information about your account will be provided to anyone outside PLP, including You or any authorized contact, until the investigation is complete. Additionally, You understand that PLP, in its sole discretion, may decide not to send any documents associated with your account to You or file any such documents with any government authority, while your account is disabled. You acknowledge that PLP will not be liable for any delays caused by these policies and procedures.

14. 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 calling our Customer Service Center at (704) 552-8211. In the unlikely event that the PLP Customer Service Center is unable to resolve your complaint to your satisfaction (or if PLP 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.

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

Arbitration Agreement:

(a) PLP 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 "PLP," "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.

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 PLP 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 PLP should be addressed to: Notice of Dispute, Personal Legal Plans, Inc.,

(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 PLP and You do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or PLP may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by PLP or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or PLP is entitled.

(c) 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. 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 PLP and You agree otherwise, any arbitration hearings will take place in Mecklenburg County, North Carolina. You specifically consent to personal jurisdiction in Mecklenburg County, North Carolina in connection with any dispute between You and PLP arising out of the Terms or pertaining to the Website. 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 PLP was a party. Except as otherwise provided for herein, PLP 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 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, then PLP will pay You the amount of the award.

(e) 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.

(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 PLP 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 PLP 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.

15. Filing Fees. Except as otherwise noted, filing and recording fees may include all mandatory or applicable federal, state, county and local administrative fees, name reservation fees, initial reports, publication notices, capitalization fees, franchise tax fees, expedite fees, certified copy fees, walk-in fees, courier fees and other transactional fees incurred on your behalf by PLP.

16. Document License. If You have purchased a document from PLP, the following provisions apply to you:

(a) License. PLP grants You a nonexclusive, nontransferable worldwide right to use the legal form(s) You have purchased. This license allows You to access, download, use, and edit the legal form(s) You have purchased for your personal use. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the legal form(s); or (ii) modify, reproduce, reverse engineer, or make derivative works based on, referring to, or exploiting the legal form(s) or its source code, except for modifications to the forms for your personal use. All rights not expressly granted to You are reserved by PLP and its licensors.

(b) No Guarantee. PLP does not guarantee that any Legal Form provided is suitable for a particular purpose, or that any Legal Form provided is accurate, reliable, complete or timely. The Legal Forms provided are for information purposes only, and should not be relied upon as legal advice.

17. Delivery. You understand that PLP uses a variety of methods to deliver finished products. For products delivered via physical shipment, You understand that PLP uses a variety of carriers for each shipping option and will choose a delivery method for the shipping option and address You designate. If You select overnight delivery or two-day delivery, You agree that PLP may use air or ground shipping as necessary to get your items to You within the promised time frame. The shipping fee indicated does not necessarily represent the actual amount paid by PLP to the carrier chosen for the delivery of your order. It may include, in addition to the fees paid to the carrier, PLP or third party handling and processing fees. For products delivered electronically, You understand that You will be notified via email when your product is complete and available for download. You understand that I may access your product by logging in to Your Account.

18. Reviews. After your purchase, You may receive an email survey request from PLP. You may also write a review on the Site. If You complete the survey or submit a review, your opinions may be posted, in whole or in part, on the Site or used in marketing material. The review may be accompanied by limited identifying information, such as your first name and last initial, the product You purchased, your gender, city and/or state, and age range.

19. Text messages, SMS Programs and Emails. By using the Website, You are opting-in to receiving SMS/text and/or electronic mail messages from PLP. By using the Website, You are opting in to receive messages regarding promotions, sales, special offers, product updates and/or the status of your order and assistance with accessing the products You have purchased or reviewed. The number of messages You will receive will vary. You may also receive a message providing You with a link to download a PLP application onto your mobile phone.

To opt-out of receiving SMS/text and/or electronic mail messages from PLP, You may reply with STOP to cancel (msg & data rates may apply), email

or call our Customer Service Center at (704) 552-8211. For more information, You may reply with HELP (msg & data rates may apply), email

or call our Customer Service Center at (704) 552-8211.

PLP is not responsible for delayed or undelivered messages.

PLP is sensitive to your concerns about your privacy. To learn more, please see our Privacy Policy.

20. Access to World Wide Web; Internet Delays. To use the Website and PLP’s Services, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain Services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. You understand that PLP is not responsible for delays, delivery failures, or other damage resulting from such problems.

21. Force Majeure. PLP shall not be considered in breach of or default under these Terms of Service or any contract with You and shall not be liable to You for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days in the aggregate, PLP may immediately terminate these Terms of Service and shall have no liability to me for or as a result of any such termination.

22. Right to refuse. You acknowledge that PLP reserves the right to refuse service to anyone.

23. You acknowledge that PLP is registered under North Carolina General Statute § 84-2.2 as a website document provider and does not provide legal services. Personal Legal Plans, Inc. is located at 5821 Fairview Road, Suite G-9, Charlotte, North Carolina 28209.

24. You acknowledge that You have had the opportunity to view sample templates of PLP documents and may call the PLP Customer Care at (704) 552-8211 with questions or for assistance locating sample templates.

25. You understand that these terms affect your legal rights and obligations. If You do not agree to be bound by all of these terms, You will not use this service. By proceeding with your purchase, You agree to these Terms of Service.

26. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. If we modify these Terms of Service, we will either post the modification on the Site or otherwise provide You with notice of the modification. We will also update the "Last Updated" date at the bottom of these Terms of Service. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided You with notice of a modification, You are indicating that You agree to be bound by the modified Terms. If the modified Terms are not acceptable to You, your only recourse is to cease using the Site and Services. If at any time You find these Terms of Service unacceptable or if You do not agree to these Terms of Service, please do not access the Services.

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

Updated: December 12, 2021