Welcome to Testamint.com. Testamint.com is a website consisting of various web pages operated by Testamint, Inc. ("Testamint"). By using or accessing the Testamint.com website (referred to as the "Site"), you are agreeing to comply with and be bound by the following terms and conditions (referred to as the "Terms" or "Terms and Conditions"). In these Terms, the terms "you" and "your" refer to each customer, visitor to the Site, or user of Testamint's applications. "We," "us," and "our" refer to Testamint, Inc., and "Services" encompass all services provided by Testamint, Inc. The term "Testamint Circle" or "your circle" pertains to individuals whom you invite to view, access, download, share, or interact with documents or data that you store or make available on Testamint. The term "Testamint Digital Vault" refers to the online storage space provided to you by Testamint.

By using Testamint.com, you are indicating your acceptance of these Terms. We strongly encourage you to read these terms carefully, and we recommend that you retain a copy of them for your records. If you do not agree with these Terms and Conditions, please refrain from using Testamint or any associated applications or content.

Acknowledgment

By accessing Testamint's website, services, applications, provided information, or establishing connections, you affirm that you have read and understood these Terms and Conditions, and you agree to be legally bound by them.

Testamint.com operates as an E-Commerce website

Testamint, Inc. (referred to as 'Testamint') is a web-based software solution that empowers users to create, save, and share their own documents, among others. The Testamint website provides general information on common legal matters that are not specific to individual cases. It's important to note that Testamint does not offer legal opinions, legal advice, or review documents for their legal adequacy or completeness.

Testamint is not a law firm and should not be considered a replacement for the services of a law firm or an attorney. It is not a substitute for the advice or recommendations of an attorney.

Furthermore, Testamint is not an accounting firm and should not be treated as a substitute for the services of an accounting firm or an accountant. It does not replace the advice or recommendations provided by a qualified accountant.

If you disagree with any part of this statement, we advise against using Testamint or any related applications or content.

While using Testamint.com or engaging with Testamint's services, it is essential to remember that Testamint is not a certified legal firm, and the services, information, or documents provided by Testamint do not constitute legal advice. Additionally, Testamint is not a certified accounting firm, and the services, information, or documents offered by Testamint should not be regarded as accounting or personal financial management advice. The decisions you make are entirely your own responsibility.

Please be aware that there is no attorney-client relationship, partnership, joint venture, or employment relationship between you, your representatives, any affiliated companies, individuals, or users, and Testamint, its employees, or its associated partners. All information and content are presented exclusively in the English language.

If you require advice from a licensed professional, we strongly advise against using Testamint as your primary source of information or forms. By using Testamint, you acknowledge that you are representing yourself in all matters related to the use of Testamint's work, services, or content.

Responsibility

Please be aware that every decision made during or after visiting Testamint.com is solely the responsibility of the individuals making those decisions. Testamint cannot and will not be held accountable or responsible for any actions taken by our visitors, users, or customers. While Testamint strives to keep all information and documents up-to-date, it cannot assume responsibility or liability for changes in laws, statutes, or any other factors that may impact the effectiveness or legality of the provided documents or information.

Testamint does not perform validations, completeness checks, correctness assessments, or engage in the practice of drawing legal conclusions regarding your work. It is crucial to understand that you and your representatives bear full responsibility for the final documents created and any consequences stemming from their creation or signing, as well as any actions or interactions resulting from documents or work associated with Testamint.

Once again, if you require or prefer to seek guidance from a licensed professional, we strongly advise refraining from using Testamint.

Privacy

When you use Testamint.com, your activities are governed by Testamint's Privacy Policy. We urge you to review our Privacy Policy, as it outlines our data collection practices and sets the guidelines for using the Site while protecting your privacy.


Electronic Communications

By visiting Testamint.com or sending emails to Testamint, you engage in electronic communications. By doing so, you explicitly consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we send to you electronically, whether via email or on the Site, fulfill any legal requirement that such communications must be in writing.

Your Account

To create and manage an account on Testamint, you must be at least eighteen (18) years of age and possess the full authority to agree to these Terms. Each email address may be associated with only one Testamint account. You hold the responsibility for determining whom you share information, documents, or other content with through or via your Testamint account. Additionally, you are in charge of deciding whom to remove from accessing information or documents via your Testamint account

Account Responsibilities

When using this site, it is your responsibility to maintain the confidentiality of your account and password. You must take measures to restrict access to your computer, phone, or other electronic devices and agree to assume responsibility for all activities conducted under your account or password. Your account cannot be assigned or transferred to another person or entity. Impersonating another individual by using their name or contact information without their explicit written consent is prohibited.

Please be aware that Testamint bears no responsibility for third-party access to your account resulting from theft or unauthorized access. In the event of any suspected breach, promptly contact Testamint for assistance. Ensuring that your email address associated with your Testamint account is accurate and up-to-date is your responsibility to enable Testamint to reach you if necessary.

It is important to note that Testamint and its associates retain the right, at their sole discretion, to refuse or cancel services, terminate accounts, or edit or remove content. Testamint does not hold a fiduciary responsibility to you.

Testamint Coaching Services

Testamint Attorney Network Agreement

This agreement governs the relationship between Testamint, Inc. and Attorney Members within Testamint's Attorney Network Program. Testamint facilitates connections between its users and select U.S. licensed attorneys ("Attorney Members") located across the United States. These Attorney Members are carefully vetted and admitted into the program on a case-by-case basis. As a prerequisite for participating in the program, all Attorney Members are required to accept and adhere to the following terms:

(i) Attorney Members agree to abide by Testamint's Terms of Service, as they may be amended over time.

(ii) Attorney Members commit not to make any defamatory or disparaging statements about Testamint, its affiliates, employees, officers, suppliers, investors, Products, "self-help" business model, or users. However, this restriction does not preclude Attorney Members from making truthful statements compelled by law or their respective bar association's Rules of Professional Conduct ("RPC").

(iii) When providing legal advice related to Testamint Products, Attorney Members must, to the extent permitted by RPC and subject to a user's emergency circumstances, initially attempt in good faith to utilize Testamint's Product rather than offering a competing product (including their own). In the event of a Product deficiency, Attorney Members will promptly inform Testamint of the deficiency, including deficiencies in their own competing products. They will afford Testamint a reasonable period of no less than 45 days to address and rectify such deficiencies. Attorney Members will collaborate with Testamint and/or the user to enhance, update, or correct the Product to meet the user's needs.

(iv) Attorney Members are required to maintain commercially reasonable malpractice insurance throughout the provision of their services and disclose such insurance coverage to users.

(v) Attorney Members agree to indemnify and protect Testamint against all claims, including those based on negligence, and associated expenses, including attorney's fees, arising from their use of the Site and the Service, or breaches of this Agreement.

(vi) Attorney Members release Testamint from all claims, demands, and damages, whether known or unknown, arising from disputes with users. Any payments made by Testamint in connection with such disputes shall be reimbursed or indemnified by Attorney Members.

(vii) Attorney Members are obligated to deliver professionally sound, ethically compliant, and workmanlike services to users.

(viii) Attorney Members must provide a written disclaimer to users, either through an engagement letter or another suitable means, confirming that Testamint holds no responsibility or liability for services rendered by the Attorney Member. Any matching with an Attorney Member, whether directly or indirectly facilitated by Testamint, is undertaken at the user's sole risk.

(ix) Attorney Members are accountable for indemnifying Testamint in cases where they fail to adhere to these terms.

(x) Attorney Members acknowledge that Testamint may grant them a limited, non-transferable, non-exclusive, royalty-free right to access and utilize the Testamint Site and Testamint Products for the sole purpose of serving Testamint users. This right may be revoked by Testamint at its sole discretion if any of the aforementioned terms are breached.

Children Under Thirteen

Testamint may collect personally identifiable information from children under the age of thirteen for the following specific purposes:

1. If children are mentioned or listed in legal documents such as Trusts, Wills, Guardianship, Temporary Authority, Access to Testamint, or are associated with information stored in the Testamint Digital Vault, Power of Attorney, Health Care Proxy, or other legal documents related to healthcare, financial, and legal decisions.

2. If you are under the age of thirteen, you are required to obtain permission from your parent or guardian before using this website. If you are a parent and have inquiries about our data collection practices, please feel free to contact us using the provided contact information at the end of this Agreement. Additionally, if you are under 18 years old, you may access Testamint.com only with the explicit permission of a parent or guardian.

Cookies

To enhance your online experience, the Testamint website may utilize "cookies." For further information and details, please refer to the Testamint Cookie page. It's important to note that the Testamint Cookie Policy is an integral part of this Privacy Policy and is hereby incorporated by reference.

Links to Third-Party Sites and Services

Testamint.com may include links to other websites ("Linked Sites"). These Linked Sites are not controlled by Testamint, and Testamint assumes no responsibility for their content, including any links within a Linked Site or any updates or modifications to a Linked Site. The inclusion of these links is solely for your convenience, and it does not imply Testamint's endorsement of the site or any affiliation with its operators.

Certain services accessible through Testamint.com are offered by third-party websites and organizations. When you use any product, service, or feature originating from the Testamint.com domain, you acknowledge and agree that Testamint may share your information and data with third parties under contract to provide the requested product, service, or feature on behalf of Testamint.com users and customers.

Acceptable Use and Intellectual Property Rights

You are granted a non-exclusive, non-transferable, and revocable license to access and utilize Testamint.com strictly in accordance with the terms outlined herein. By using the Site, you affirmatively warrant to Testamint that you will not employ the Site for any unlawful or prohibited purposes as stipulated in these Terms. Your use of the Site must not, under any circumstances, jeopardize, impair, disable, or excessively burden the Site, nor infringe upon the rights and enjoyment of other parties using the Site. You shall not seek to obtain any materials or information through methods not intentionally made available or provided for through the Site.

Certain services accessible through Testamint.com are offered by third-party websites and organizations. When you use any product, service, or feature originating from the Testamint.com domain, you acknowledge and agree that Testamint may share your information and data with third parties under contract to provide the requested product, service, or feature on behalf of Testamint.com users and customers.

You are prohibited from altering, publishing, transmitting, reverse engineering, participating in the transfer or sale, creating derivative works, or in any manner exploiting any content, in part or whole, found on the Site. Testamint's content is not available for resale. Your use of the Site does not confer upon you any authorization to engage in unauthorized use of protected content, especially without deleting or modifying any proprietary rights or attribution notices in such content. You shall only employ protected content for your personal use, without any other use, unless you have obtained explicit written consent from Testamint and the copyright holder. You acknowledge that you do not acquire any ownership rights over any protected content. Testamint does not extend to you any licenses, whether express or implied, for the intellectual property of Testamint or our licensors, except as explicitly granted under these Terms.

Testamint bears no responsibility or liability for any content displayed on your Testamint-created website, whether generated or posted by you or any third party. You undertake to indemnify and defend Testamint against all claims arising from or grounded in your Testamint-created Website."

Use of Communication Services, Digital Vault, and Storage

The Site may provide various communication and storage features, including bulletin board services, chat areas, digital storage, the Testamint Digital Vault, news groups, forums, communities, personal web pages, calendars, review sections for Testamint, and other message or communication facilities intended to enable interaction with the public or specific groups (collectively referred to as "Communication Services"). Your use of the Communication Services should be limited to posting, sending, or receiving messages and materials that are appropriate and relevant to the specific Communication Service.

As an illustrative guideline, but not an exhaustive list, you agree that when utilizing a Communication Service, you will refrain from:

• Defaming, abusing, harassing, stalking, threatening, or infringing upon the legal rights (such as privacy and publicity rights) of others.
• Publishing, posting, uploading, storing, distributing, or disseminating any illegal, inappropriate, profane, pornographic, defamatory, infringing, threatening, obscene, indecent, or unlawful content, names, materials, or information.
• Uploading files that contain software or other materials protected by intellectual property laws or rights of privacy or publicity, unless you hold the rights to such materials or have obtained all necessary consents.
• Uploading files containing viruses, corrupted files, or any similar software or programs that could harm another user's computer
• Advertising or engaging in commercial activities, including offering to sell or buy goods or services, for any business purpose.
• Sharing or promoting pornographic content, surveys, contests, pyramid schemes, or chain letters.
• Downloading files from a Communication Service that you know or should reasonably know cannot be legally distributed in such a manner.
• Impeding or obstructing any other user's use and enjoyment of the Communication Services.
• Violating any applicable laws or regulations.

Testamint is not obligated to monitor the Communication Services continuously. Nevertheless, Testamint retains the right to review materials posted to a Communication Service or the Testamint Digital Vault and to remove any materials at its sole discretion. Testamint also reserves the right to terminate your access to any or all Communication Services, software, or the Testamint Digital Vault at any time if you violate these terms and conditions of service

Each active and paid Testamint account is allotted 500MB of storage. If you exceed this limit, Testamint will notify you of the overage. If you wish to continue using more than 500MB of storage, Testamint will provide you with pricing information, and the new pricing will apply two days after notification. Alternatively, you may choose to remain within the 500MB storage limit.

Testamint retains the right to disclose any information when necessary to comply with applicable laws, regulations, legal processes, or government requests. Testamint may also edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion.

Always exercise caution when sharing personally identifying information about yourself or your children in any Communication Service. Testamint does not control or endorse the content, messages, or information found in any Communication Service and, thus, disclaims any liability related to the Communication Services and any actions resulting from your participation in them. Managers and hosts do not represent Testamint and their views do not necessarily reflect those of Testamint.

Materials uploaded to a Communication Service or Testamint may be subject to posted limitations on usage, reproduction, and dissemination. You are responsible for complying with such limitations when uploading materials.

Materials Provided to Testamint.com or Posted on Any Testamint Web Page

Testamint does not assert ownership over the materials you provide to Testamint.com, including feedback and suggestions, or the content you post, upload, input, or submit to any Testamint Site or our related services (collectively referred to as "Submissions").

However, by using Testamint, you grant Testamint permission to utilize information about your interactions on Testamint and any actions taken in connection with ads and sponsored content, as well as demographic information about you, without any compensation to you.

When you post, upload, input, provide, or submit your Submission, you affirm and warrant that you own or have the necessary rights to control all aspects of your Submission as outlined in this section, including, but not limited to, all the rights required for you to provide, post, upload, input, or submit the Submissions.

Integration with Third Party Accounts

You have the option to link your Testamint account to third-party accounts. By connecting your Testamint account to such third-party accounts, you acknowledge and consent to the continuous sharing of information about you with others, subject to your privacy settings on those third-party sites. If you prefer not to have information about you shared in this manner, please refrain from using this feature.

Trademarks

Testamint, Testamint.com, Testamint Digital Vault, and the Testamint logo, G button, as well as other custom graphics and icons, are trademarks, trade dress, and/or service marks exclusively owned by Testamint. These may only be used with explicit permission from Testamint.

Iframes

Creating frames around Testamint Web pages or employing techniques that modify the visual presentation or appearance of Testamint or the Testamint website in any way is prohibited without prior approval and express written consent

International Users

Testamint operates and manages the Service from our offices located within the United States of America. If you access the Service from a location outside the USA, you are responsible for ensuring your compliance with all local laws and regulations. You agree not to use the Testamint Content accessed through Testamint.com in any country or in any manner that contravenes applicable laws, restrictions, or regulations. Testamint services are primarily intended for residents of the United States of America.

Indemnification

You commit to indemnify, defend, and hold harmless Testamint, including its officers, directors, employees, founders, agents, and third parties, against any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) connected to or arising from your use or your Testamint Circle's use of Testamint, the Site, or services, any user postings made by you, your breach of any terms in this Agreement, infringement of third-party rights, or violations of any applicable laws, rules, or regulations. While Testamint takes measures to provide system security, you acknowledge that Testamint cannot be held liable for security breaches. Testamint reserves the right, at its own expense, to take over the exclusive defense and control of any matter that is otherwise subject to your indemnification, and in such cases, you agree to fully cooperate with Testamint in asserting any available defenses.

Tax Advice Disclaimer

Testamint does not offer tax advice for any purpose or in any form. Any information related to taxes conveyed by Testamint in any communication is provided solely for general educational purposes and should not be construed or relied upon as tax advice. Although Testamint does not provide tax advice, we include this disclaimer to comply with Internal Revenue Service requirements outlined in Circular 230.

We want to clarify that any U.S. federal tax advice provided in communications from Testamint is neither intended nor written for use in (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing, or recommending any matters covered therein to another individual.

For Consumers in North Carolina

We offer watermarked blank document templates upon request. To request these templates, please contact us at 1495 Hancock St. 4th Floor, Quincy, MA 02169, specifying the document templates you require. We have established a consumer satisfaction process to address any inquiries or concerns related to the services we provide. You can bring up any questions or concerns by reaching out to us via email at info@Testamint.com.

Arbitration

If the parties are unable to resolve any dispute arising from or related to these Terms and Conditions, or any provisions herein, whether based on contract, tort, or other legal or equitable theories seeking damages or other relief, the dispute will be exclusively resolved through binding arbitration in accordance with the Federal Arbitration Act. The arbitration will be conducted by a single impartial arbitrator and administered by the American Arbitration Association or a similar arbitration service chosen by the parties, within the Commonwealth of Massachusetts. The arbitrator's decision shall be final, and a judgment based on it may be entered in any court with jurisdiction. Should any legal or equitable action, proceeding, or arbitration arise from or pertain to these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees, up to a maximum of $100. Both parties agree to arbitrate all disputes and claims relating to these Terms and Conditions, or any disputes arising indirectly or directly from these Terms and Conditions, including tort claims resulting from these Terms and Conditions. The parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The Arbitrator shall have full authority to determine the entire dispute, including the scope and enforceability of this arbitration provision. This arbitration provision will remain in effect even after the termination of these Terms and Conditions."

Class Action Waiver

All arbitration proceedings under these Terms and Conditions will be conducted on an individual basis, and class arbitrations, as well as class/representative/collective actions, are expressly prohibited. BOTH PARTIES AGREE THAT CLAIMS SHALL BE BROUGHT SOLELY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. This includes any private attorney general actions between the parties. Furthermore, unless both you and Testamint mutually agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

Liability Disclaimer

The information, software, products, and services provided through the Site may contain inaccuracies or typographical errors. Periodic updates and enhancements to the information herein are made. Testamint, Inc. and/or its suppliers reserve the right to make improvements and changes to the Site at any time.

Testamint, Inc. and/or its suppliers do not make representations regarding the suitability, reliability, availability, timeliness, quality, or accuracy of the information, software, products, services, and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided "as is," without warranty or condition of any kind. Testamint, Inc. and/or its suppliers hereby disclaim all warranties and conditions concerning this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, Testamint, Inc. and/or its suppliers shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Site, delays or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Site, or otherwise arising from the use of the Site, whether based on contract, tort, negligence, strict liability, or otherwise, even if Testamint, Inc. or any of its suppliers has been advised of the possibility of damages. Some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you are dissatisfied with any portion of the Site or any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.

Termination/Access Restriction

Testamint retains the discretion to terminate your account and/or your access to the Site and its associated services, or any part thereof, at its sole discretion if you fail to comply with these terms of service. To the fullest extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts, and you hereby agree to the exclusive jurisdiction and venue of the courts located in Massachusetts for all disputes arising from or related to the use of the Site. The use of the Site is unauthorized in any jurisdiction that does not fully recognize all provisions of these Terms, including, but not limited to, this section.

You acknowledge that no joint venture, partnership, employment, or agency relationship arises between you and Testamint as a result of this agreement or your use of the Site. Testamint's performance under this agreement is subject to existing laws and legal processes, and nothing in this agreement impairs Testamint's right to comply with governmental, court, and law enforcement requests or requirements regarding your use of the Site or the information gathered or provided by Testamint in connection with such use. If any portion of this agreement is deemed invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be replaced with a valid and enforceable provision that most closely reflects the original provision's intent, and the remaining portions of the agreement will remain in full force and effect."

Deletion of User Information

If you wish to cancel your account, delete your User Personal Information, or request that we no longer use your User Personal Information to provide you services, please contact info@Testamint.com. We will retain and use your User Personal Information as necessary to fulfill our legal obligations, resolve disputes, and enforce our agreements. However, unless required by law, we will aim to delete your complete profile within 30 days.

Entire Agreement

Unless specifically stated otherwise herein, this agreement constitutes the entire understanding between you, the user, and Testamint concerning the Site and the software, superseding all previous or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Testamint regarding the Site. A printed copy of this agreement and any notice provided in electronic form will be accepted as evidence in judicial or administrative proceedings concerning or arising from this agreement, to the same extent and subject to the same conditions as other business documents and records originally created and maintained in printed form. Both parties expressly wish that this agreement and all related documents be drafted in the English language.

Changes to Terms

Testamint reserves the right, at its sole discretion, to modify the Terms under which Testamint.com is offered. The most current version of the Terms will supersede all previous versions. Testamint encourages you to periodically review the Terms to stay informed of any updates. By continuing to use the site or accessing Testamint content or sites, you signify your agreement to be bound by the revised Terms. If you do not agree with the Updated Terms of Service, please refrain from using Testamint or accessing the site.