Updated: February 21, 2018
Section 2. EPM IS NOT YOUR LAWYER. EPM DOES NOT PROVIDE LEGAL SERVICES OR ADVICE.
You are not EMP’s client. This website gives You information, not legal advice. We do not warrant or guarantee that the information on this website is accurate or up-to-date. When You use this site, You do so at Your own risk.
You understand and agree that EPM is not a law firm or an attorney, may not perform services performed by an attorney, and its forms, templates, Paid Access, and/or Site Content are not a substitute for the advice or services of an attorney. Rather, You are representing Yourself in the legal matter for which You use any forms, templates, Paid Access, and/or Site Content. No attorney-client relationship or privilege is created with EPM.
Because EPM is not a lawyer, nor a law firm, nor a legal service provider, it CANNOT:
- Give You advice, opinions, or recommendations about Your rights, legal options, and/or risks
- Apply the law to the facts of Your situation or Your estate plan
- Make conclusions about Your situation or Your best option for Your estate plan
- Tell You if Your answers are legally sufficient
- Tell You about possible problems with Your answer(s), or any defenses, choices, or outcomes that may apply to Your actions or decisions
- Choose or review Your chosen estate planning forms (Your chosen will, trust, any power of attorney, and/or living will), or
- Represent or protect Your or Your family’s interests.
For legal advice about Your estate planning, You should consult a licensed lawyer. Documents created using this website may require consultation with a lawyer prior to signing or filing.
By using this website, You also agree that:
- You will not detrimentally rely on any information received from this website; all educational information is provided as general foundational information only and is not legal advice;
- You do not have the right to make a claim that You were harmed because You used this website or any services or products provided by EPM;
- Your use of this website does not create any attorney-client relationship or any other fiduciary relationship between You and EPM; and
- You shall only use this website in accordance with the laws of the state in which the form documents are specifically intended.
EPM is NOT a law firm and is NOT providing You with legal services or legal advice. You expressly understand and acknowledge that EPM is not a law firm nor attorney, and that neither EPM nor any of the owner(s), managers, employees, and/or third party contractors or affiliates of EPM are acting as Your attorney, legal counsel, or otherwise providing You, Your spouse, nor Your family with any legal advice or legal services in any manner.
EPM’s services are not a substitute for the advice of a qualified attorney licensed in the state in which You reside. EPM cannot provide legal advice and can only provide self-help services at Your specific direction. EPM is not permitted to engage in the practice of law. EPM is prohibited from providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of legal documents, and/or strategies. At no time will EPM (nor any of the owner(s), managers, employees, and/or third party contractors or affiliates of EPM, including without limitation Good Sense NFP, an Illinois non-profit corporation ) review Your answers for legal sufficiency, draw legal conclusions, provide legal advice, or apply the law to the facts of Your particular situation.
EPM and its products and services are not a substitute for the advice of an attorney licensed to practice law in Your state. Any and all information on EPM’s website and/or any other materials provided by or through EPM is not legal advice and is not guaranteed to be correct, complete, or up-to-date. EPM is not responsible for any direct or indirect loss, injury, claim, liability, or damage related to Your use of (i) EPM’s services; (ii) EPM’s website; (iii) information provided by EPM; (iv) any third-party website linked to or referenced in EPM’s website; (v) the invalidity or unenforceability of any will, trust, power of attorney, or other form document generated through Your use of EPM’s services; and/or (vi) from technical errors within or downtime involving EPM’s website, EPM’s services, and/or the software or technology underlying EPM’s services. In short, Your use of the site is at Your own risk. Without limiting the foregoing, You expressly assume (on behalf of Yourself, Your spouse, and all heirs, assigns and third party beneficiaries You have now and/or in the future) the risk that any will, trust, power of attorney, or other form document generated through Your use of EPM’s services and/or Paid Access may be legally invalid or unenforceable.
For legal advice about Your estate planning options, You should consult with a licensed lawyer authorized to practice law in Your state. Documents created using this website may require consultation with a lawyer prior to signing or filing. Any information provided by EPM concerning the execution of any legal document(s) should not be considered and shall not be deemed legal advice.
Section 3. YOUR UNDERSTANDING CONCERNING ARBITRATION.
You acknowledge that 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 EPM Arbitration terms, contained in Section 21 of these Terms of Service.
Section 4. YOUR UNDERSTANDING CONCERNING REVIEW OF FORM DOCUMENTS.
YOUR UNDERSTANDING THAT EPM DOES NOT REVIEW ANY DOCUMENTS OR MATERIALS GENERATED BY OR THROUGH YOUR USE OF THE WEBSITE OR OTHER UNDERLYING PROGRAMS OR SOFTWARE, OR OTHERWISE GENERATED THROUGH YOUR PAID ACCESS. YOU MUST AND WILL READ, REVIEW, AND APPROVE THE FINAL DOCUMENT(S) BEFORE SIGNING IT/THEM AND AGREE TO BE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE FINAL DOCUMENT(S), IF ANY, THAT YOU GENERATE THROUGH EPM’S WEBSITE AND/OR PAID ACCESS.
Section 5. WHO MAY USE THIS SITE.
If, prior to Your purchase of any Paid Access, You believe that EPM 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.
Additionally, if at any time while You are using any Paid Access or otherwise using EPM’s website, You believe that EPM is providing or gave You any legal advice, opinion, or recommendation about Your legal rights, remedies, defenses, options, selection of forms or strategies, You will not proceed to use the Paid Access or otherwise use EPM’s website.
To use any part of this site You must:
- Be an individual that is at least eighteen years of age;
- Be Legally able to agree to the terms of using this website; and
- Not use this website for any prohibited purpose.
You understand that certain materials on the EPM website, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. You will not use any Site Content if You do not have a full understanding and comprehension of and proficiency with the English language.
Section 6. LICENSE TO USE.
Section 7. RESALE OF PAID ACCESS PROHIBITED.
By purchasing, ordering, using, or downloading Paid Access, You agree that the Paid Access You purchase may only be used by You for Your personal use and may not be sold or redistributed without the express written consent of EPM.
Section 8. USER INFORMATION.
The information You provide must be correct and complete, and You must update it if any of that information changes.
- Use Your chosen username and password when You access the site;
- Not let anyone else use Your username or password to access this site;
- Be liable for anyone who accesses the site with Your username and/or password; and
- Protect Your username and password so that others cannot use it.
Protect Your Password: Do not use Your name, birthday, a single word, or other information that is easy to guess. Instead, use a string of letters and numbers or a phrase. If You suspect someone is using Your login information, contact EPM immediately at: firstname.lastname@example.org.
Section 9. NO COMMERCIAL USE BY YOU, ANY OTHER USER, OR ANY OTHER THIRD PARTY.
You may not under any circumstance directly or indirectly use or reference this website or any Site Content for the benefit of any third party, nor for any commercial purpose for Yourself and/or any third party. You may only use this website for Your own personal estate planning, and for Your own limited User-driven personal (non-commercial) estate planning activities. You may not use, directly or indirectly, this site if You are providing a competing service to EPM, and/or to develop a competing product or service offering for Your own benefit and/or for the benefit of any third-party individual, group, or entity.
By using this website, You further agree that:
- You shall not detrimentally rely on any information received from this website;
- You do not have the right to make a claim that You were harmed because You used this website and/or Paid Access;
- You consent to having any data You provide to EPM, including personal data, transferred to and processed in the United States or otherwise; and
- You shall refrain from copying, recording, duplicating, and/or distributing any information, materials, and/or other Site Content in any manner under any circumstance.
Section 10. THIRD PARTY SERVICES.
Section 11. NO ILLEGAL ACTIVITIES.
EPM may investigate any conduct that EPM detects of a nature EPM deems questionable or potentially wrongful, as well as any complaints and reported violations. If EPM suspects illegal or inappropriate activity, EPM may report it to law enforcement officials, regulators, or other parties. EPM may disclose User information of anyone or any entity involved in that activity, including: user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information. EPM reserves the right to immediately close any User account and prohibit any User from accessing or using EPM’s website, Site Content, and/or Paid Access.
You must not use this site in any way that violates any law, including without limitation, any U.S. law, or the laws of Your state.
Do not use or access this website to:
- Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of someone’s privacy, hateful, or racially, ethnically objectionable, or wrongful in some other way
- Harm a child in any way
- Misrepresent Your affiliation with a person, company, business or agency or impersonate a person company, business or agency, including EPM or its staff
- Stalk or harass someone; and/or
- Use any function of this website to collect or store personal data about other users.
Section 12. NO PROHIBITED ACTIVITIES OR ACTIONS.
- Upload unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
- Upload material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment;
- Interfere with this website, any part of the Site Content, and part of the Paid Access, and/or the servers and networks connected to EPM’s website, Paid Access, and/or Site Content;
- Disobey any requirement, procedure, policy or regulation of a network connected to EPM’s website, Paid Access, and/or the Site Content.
You must not use any part of this site, its content, the Site Content, or its underlying programs to:
- Decompile, extract or disassemble EPM’s source code;
- Decompile, extract or disassemble the source code of any third party;
- Copy, change, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes any part of this site, its content or its software, except as allowed by other terms of this agreement
- Rent, lease, loan, sell, sublicense, or create derivative works from this site, except as allowed by the terms of this agreement
- Use software or other method to monitor or copy our site or software
- Determine the site architecture or extract information about usage, users, or their identities
- Use, export, or re-export any part of this website or its content in violation of U.S. export control laws
Section 13. PRIVACY.
You must not use any material owned by EPM or licensed to EPM by a third party for any prohibited use, including without limitation, any commercial use. This includes:
- Text, forms, documents, images, graphics, logos, or button icons
- Any other material or information You get from EPM’s contributor(s)
- Other content or copyright material (or material for which a copyright could be obtained) owned by EPM or any third party
- Any EPM trademark, service mark, or logo
Section 14. FUTURE PRODUCTS AND SERVICES.
You acknowledge and agree that if You choose to add a product or service to Your order subsequent to any initial purchase from EPM, these Terms of Service will apply to that additional product or service purchase as well.
Section 15. LINKS TO OTHER WEBSITES; LINKS TO EPM’S WEBSITE.
This website may list links to other websites. We do this for the convenience of You and other users only. When You click on a link to other websites, You leave this website. Those links are not a recommendation or approval of those sites or their owners and those websites are not under EPM’s control. EPM is not responsible for those websites, the information, services or products they may offer, or any loss or damage You may have at or incur through those sites. Unless You have EPM’s express, written permission to do so, You may not link to this website from another website. If EPM gives You permission to link to this site, EPM may cancel that permission at any time.
Section 16. ACCESS TO THE WORLD WIDE WEB; INTERNET DELAYS.
To use EPM’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 EPM services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. You acknowledge that You understand that EPM is not responsible for delays, delivery failures, or other damage resulting from such problems.
Section 17. FORCE MAJEURE.
Section 18. RIGHT TO REFUSE. You acknowledge that EPM reserves the right to refuse service to anyone at any time with or without notice.
Section 19. You acknowledge and agree that EPM is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq. EPM’s registered address is 16192 Costal Highway, Lewes, Delaware, 19958. You acknowledge and agree that You have had the opportunity to view sample templates of EPM documents and may call EPM Customer Care at the telephone number listed on EPM’s Contact Us website tab with questions or for assistance locating sample templates.
Section 20. DELIVERY.
For products delivered via physical shipment, You understand that EPM uses a variety of carriers for each shipping option and will choose a delivery method when shipping to You unless you have selected and paid for a specific delivery method/service.
Section 21. ARBITRATION.
(a) You and EPM agree to arbitrate any and all disputes and claims between us before a single arbitrator. The types of disputes and claims we (You and EPM) 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 You and EPM, 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
(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 EPM should be addressed to: Notice of Dispute, Registered Agent, Estate Planning Ministry, LLC, 16192 Costal Highway, Lewes, DE 19958. (the "Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought ("Demand"). If EPM and You do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or EPM may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by EPM or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or EPM is entitled.
You may download or copy a form Notice and a form to initiate arbitration from the AAA website at There may be different forms from the AAA website that are applicable to Your given state.
(d) 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 EPM 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 EPM 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 EPM may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this section’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.
(e) 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.
Section 22. LIMITATION OF LIABILITY; INDEMNIFICATION.
Limitation of Liability. EPM EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF EPM’S SERVICES SHALL BE AT YOUR OWN RISK. EPM SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING FROM YOUR USE, REGISTRATION TO USE, OR INABILITY TO USE, EPM’S SERVICES, EVEN IF EPM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD EPM AND ITS OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, OWNERS, 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 ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF EPM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF EPM, 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 ME. THIS SECTION DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
Section 23. CHOICE OF LAW.
Section 24. ADDITIONAL ACKNOWLEDGEMENT.
You acknowledge and agree 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 EPM’s service or the Site Content. By proceeding You agree to these Terms of Service.