Terms of Use

BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS WEBSITE, OR ANY PAGES THEREOF.

We are excited to have you visit our site and/or become a user. The following terms and conditions apply to your use of this site and any of its affiliated domains.

 

If you are not age 18 or older, do not use this site or any of its affiliated domains.

 

Using Estate Guru, or any of its white labels or subsidiaries includes, but is not limited to, registering for an account, entering information, creating documents, uploading and downloading content, clicking on links, browsing, etc. Using Estate Guru constitutes your agreement to all the terms, conditions and notices contained in this and all related agreements and notices.

 

Intelligent System

Estate Guru is an intelligent, estate planning system designed to help you create, fund, administer and settle your estate plan. Estate Guru is lawyer expertise embedded in software. Estate Guru is an intelligent automated system that guides you through the preparation of your estate plan. In real time, Estate Guru analytics check your information against predefined standards, as approved by practicing attorneys, to identify and prepare the documents you need. If you are a client of a financial advisor affiliated with Estate Guru, your financial advisor takes no part in the legal services accessed via the attorneys within the Estate Guru system. All legal services are separate from the services of your financial advisor. 

 

Price

There is no cost to access the Estate Guru website.  Estate planning documents created using Estate Guru are paid for when they are produced. Additional services purchased through the website are similarly paid for when rendered through the Estate Guru platform.

 

Participating Attorney Scope of Work

An attorney is assigned and is responsible for every estate plan created using Estate Guru via the fact that they have approved the base documents used in the user’s state of residence and the determination questions presented through the platform. Their responsibility to you as the client is only for those documents prepared by the Estate Guru platform and nothing else. User is solely responsible for the execution of the documents provided. Upon delivery of the estate plan documents prepared in the Estate Guru system, your direct client relationship with the attorney assigned to your file ends and the attorney is under no further obligations to represent your estate plan. User agrees that the documents provided and advice given by the attorney is based solely on the representations made by user and that the attorney is not giving individual advice to each user beyond the user’s ability to interact with the Estate Guru platform. The user understands and agrees that they will not have any direct contact with the attorney unless Estate Guru or the attorney determine that direct communication is needed. Estate Guru has the right to change the assigned attorney for a client, without the consent of the client and without notifying the client that such change has occurred.

Compensation 

The participating attorney's compensation is included in the price of the documents to end users. Refer to Role of Attorney for details regarding how attorneys participate within Estate Guru to ensure you receive the highest quality estate plan possible.

Estate Guru Compensation

Estate Guru is compensated for the preparation and establishment of estate plans. These services include: facilitating payment for each engagement, document production, secure storage of estate plans, customer service and relationship management, etc.

Ownership and Preservation of Your Documents

Your documents are yours. Estate Guru claims no ownership or interest in the documents you create or store using Estate Guru.

For North Carolina clients: Watermarked blank document templates are available upon request. Please write to us at 560 S. 100 West, Suite 1, Provo, UT 84601 to request a copy of the document template. Please specify which document template you are requesting. Additionally, you can contact us regarding any customer satisfaction concerns you have. Simply send an email to help@estateguru.com and let us know about your questions or concerns.

Sharing Your Information

You grant permission to Estate Guru to use the data in your documents to help you prepare and establish your estate plan and provide services to you. Estate Guru will disclose your information if required to comply with applicable laws or governmental request, respond to claims that content violates the rights of third parties, or to protect Estate Guru or the public at large. You give permission for Estate Guru to transmit your data and documents over various networks and devices. You agree that Estate Guru has no responsibility or liability for any content maintained or uploaded by those services.

Privacy and Sharing Your Information

Protecting your privacy is important to Estate Guru. See Privacy Policy for details on how Estate Guru treats your personal information and protects your privacy.

 

Access and Passwords

You are responsible for the confidentiality and use of your login credentials and password. You will not hold Estate Guru liable for any damages of any kind resulting from your decision to disclose your login credentials or password to any third party. You will be responsible for all activity conducted through and under your login credentials and password.

 

Prohibited Use of Site

You may not use Estate Guru for any purpose that is illegal or that may damage or cause harm to others, including Estate Guru. You may not hack, scrape, crawl either directly or indirectly through intermediaries such as spiders, robots, crawlers, scrapers, frames, RSS feeds or otherwise access or attempt to access any information that Estate Guru has not intentionally made available. Your use of Estate Guru does not entitle you to resell any of EstateGuru.com content.

 

Links to Third Party Sites

Estate Guru contains links to other resources and businesses on the Internet. Third party links are provided for your convenience. Our intent is to help you identify and locate resources that may be of interest to you. Links may or may not be associated with Estate Guru. Estate Guru is not responsible for the content of linked third party sites. Inclusion of a third party site on Estate Guru does not imply or express approval or endorsement of the linked website, or any of the content, opinions, products or services provided on those websites. Your use of linked sites is governed by the terms and conditions and privacy policies of the third party site. We are not responsible for the information collected by other websites if you link to them from Estate Guru. We cannot guarantee how third party sites use cookies or whether they place cookies on your computer that may identify you. You should carefully review the privacy policies of each website you visit to understand how it collects and uses information.

Insurance, Investment or Other Financial Products

Estate Guru analytics may check your assets to identify when title to your assets conflicts with the way your estate-planning documents distribute your assets. As a result, Estate Guru may make recommendations for a change in your insurance, loan and/or investment portfolio via partners and advisors.

You authorize Estate Guru analytics to monitor the efficiency of the assets in your estate plan. As a result, Estate Guru may make a recommendation for a change and/or an addition to your insurance, investment or general assets. You are under no obligation to purchase any insurance, investment or financial services product. Any recommendations made by Estate Guru following the creation of your estate plan may result in the sale of certain products that generate the payment of commissions.

Modification of these Terms of Use

Estate Guru reserves the right to change the terms of service under which Estate Guru is offered. This includes, but is not limited to, the charges associated with the use of its services. A notice will appear at login whenever we modify Estate Guru's Terms of Use. Your continued use of Estate Guru following a post of modification to Terms of Use shall constitute your agreement to said modifications.

 

Disclaimer

Estate Guru is provided on an AS IS basis. Every attempt has been made to ensure all content, software, products and services available through Estate Guru are accurate, current and up-to-date and free from error. Unfortunately, we cannot guarantee that such is the case. The website may include inaccuracies or typographical errors. In short, your use of EstateGuru.com and all of its white labels is at your own risk.

 

This provision is not intended to disclaim liability for any intentional or grossly negligent conduct by Estate Guru.

No Liability for Attorney Services

Estate Guru is not a lawyer or law firm and does not provide any legal services. You agree that Estate Guru is not responsible for any actions, omissions, or advice of any kind provided by a participating attorney.  If you are a client of a financial advisor affiliated with Estate Guru, your financial advisor takes no part in the legal services accessed via the attorneys in the Estate Guru system. All legal services are separate from the services of your financial advisor.

Refund Policy

Estate Guru will refund the amount paid to Estate Guru for services rendered up to 30 days from the date documents were prepared and in a Ready to Sign state. If documents were shipped to you, they must be returned to Estate Guru prior to refund being processed.

Upon processing a refund of your estate plan purchase, your account will be closed and no longer accessible via the online platform.

Termination of Service

Estate Guru reserves the right, in its sole discretion, to downgrade, modify, discontinue or terminate any or all of services offered by Estate Guru at any time with or without notice. You agree that Estate Guru will not be liable to you or to any third party for any modification, suspension or discontinuance of Estate Guru.

 

If Estate Guru is no longer available, for whatever reason, your entire file, including any and all documents you create, will be provided to you pursuant to Estate Guru's Privacy Policy.

 

Severability

Should any part of this agreement be rendered or declared invalid, such invalidation of such part or portion of this agreement shall not invalidate the remaining portions thereof, and they shall remain in full force and effect.

 

Arbitration

You agree to confer directly with Estate Guru regarding any complaint, dispute or any controversy or claim arising out of or relating to your use of Estate Guru. In the event that a complaint or dispute occurs that cannot be resolved by negotiation with Estate Guru, you agree to participate in at least four hours of mediation before a single mediator. Unless agreed otherwise, the forum for mediation shall be Salt Lake City, Utah, USA.

 

If mediation is unsuccessful, the dispute shall be referred to binding arbitration in accordance with the applicable rules of the American Association of Arbitration and any judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Each party shall be responsible for their share of arbitration fees. In the event either party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including reasonable attorney's fees for having to compel arbitration or defend or enforce the arbitrator's award.

 

Any arbitration under this agreement will take place on an individual basis only. Class arbitration and class actions are not permitted.

 

Waiver

You waive, release and discharge Estate Guru and its agents, employees, officers, directors, shareholders, successors and assigns from any and all claims, demands, causes of action, losses, liabilities, costs and expenses (including, without limitation, attorney's fees) in connection with, arising out of, or related to the performance of services by participating attorney, advisor or agent in connection with this agreement.

 

Intellectual Property Rights

Any use of Estate Guru other than as specifically authorized herein is strictly prohibited.

The content, technology and the software underlying are all the property of Estate Guru. You agree not to copy, modify, create, create a derivative work, reverse engineer, re-assemble, or otherwise attempt to discover any source code, nor to sell, assign, sublicense, or otherwise transfer any right in the software or content contained in Estate Guru. All rights not expressly granted to others herein remain the rights of Estate Guru.

 

Copyright and Trademark Notice

All content of the Estate Guru websites is subject to copyright © 2014-23 EstateGuru, Inc. and/or its suppliers, affiliates and partners. All rights reserved. EstateGuru™ and EstateGuru.com™ are trademarks of EstateGuru, Inc.

 

General

Taken together the Terms of Use, Role of Attorney, Price List and Privacy Policy constitute the entire agreement between you and Estate Guru. You may not transfer your rights or obligations contained within these documents, taken collectively or individually, without Estate Guru's consent. Estate Guru's rights or obligations contained within these documents may be transferred by Estate Guru to someone else. Any rights not expressly granted by these documents to others remain the rights of Estate Guru.

 

Unless stated otherwise, Estate Guru's primary communication with you will be via postings on EstateGuru.com or to the email address in your profile.

If you have any questions about our Terms of Use, contact Estate Guru at 385-240-6400 or help@estateguru.com

Privacy Policy

BY ACCESSING THE ESTATE GURU WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS WEBSITE, OR ANY PAGES THEREOF.

Protecting the privacy of your information is essential to how Estate Guru works. We do our very best to make sure your information is secure and private. This statement outlines the collection and usage of the information you submit to EstateGuru. By using EstateGuru, you consent to the privacy practices described herein.

Collection and Use of Your Personal Information

Estate Guru collects and stores the personally identifiable information required to deliver estate planning services. We use your personal information to create your customized estate planning documents and send you action item notifications and service updates so that your estate plan is appropriately funded, optimized and always up-to-date.

Estate Guru may share your data with trusted partners. Estate Guru may disclose personal information to third parties if you have requested or authorized the disclosure of such personal information via acceptance of these Terms of Use. Unless you specify otherwise, your personal information will be shared with the financial advisor assigned to your account in the Estate Guru online portal.

Estate Guru will, if required by law, disclose your personal information to comply with legal process served upon EstateGuru, protect and defend Estate Guru or to protect the personal safety of other Estate Guru users or the general public.

Estate Guru may collect information regarding the software and hardware systems of your personal computing devices. We may collect time of usage and access, where you were referred from, what browser you use, and your IP address. This information is used by Estate Guru for the operation of the service, to maintain or improve the quality of the service, analyze trends and understand more clearly the way the website is used.

Mobile device identification information

When you connect to Estate Guru on your internet-enabled mobile device, if your service provider uniquely identifies the device, Estate Guru will receive this information. Estate Guru may use your unique mobile device identification information to offer you extended services and/or functionality. Certain services may require our collection from you of the number for your mobile device. Additionally, through the use of your mobile device, we may collect your phone number and/or name. We may associate that information to the mobile device identification information and other information we have collected from and about you.

Calls

In the regular course of business, Estate Guru may monitor and record phone conversations or email communications between you and Estate Guru employees for training and quality assurance purposes.

Electronic Communications

We may receive a confirmation when you open or click on content in an email from us, which helps us make our communications to you more useful and interesting.

Use of Cookies

Estate Guru uses cookies to personalize your online experience and save you time. Cookies record and store information so that when you return to Estate Guru your data can be seamlessly retrieved. You have the ability to accept or decline cookies. If you choose to decline cookies, many of Estate Guru's interactive features may not function as designed.

Modifying Your Data

Once you have registered with EstateGuru, you have unrestricted access to your account and can modify or revise your data as you see fit. While we display only your most current data, due to the long-term nature of estate planning services, we do not delete outdated information for active accounts but preserve all user-supplied data as long as you are an active user of EstateGuru.

Termination of Service

Upon termination of your Estate Guru account, for whatever reason, your account is closed and hard copies of your current estate planning documents are sent as PDF documents attached to the email in your profile. Estate Guru shall have no responsibility for the security of your documents once your termination email has been sent. All personal information, data and documents stored on our servers are retained for three years from the date of termination, at which time everything in your file is deleted in its entirety.

Sharing Information With Essential Service Providers and Internal Employees

We limit access to your personal and financial information to only those employees with authorized access. Companies that provide essential support services to Estate Guru (such as printers, marketing companies and participating attorneys) have access to your data. Service companies only have access to the information they require to do their job. They are not authorized to use your information for any other purpose. Even though we require third parties who perform services for Estate Guru to agree to keep your information confidential, Estate Guru cannot guarantee that third parties will not misuse your data.

Sharing Information With Participating Attorneys

An attorney is responsible for every estate plan created using EstateGuru. The attorney responsible for your file has unlimited access to all the information, data and documents in your account.  

Potential Loss of Attorney-Client Privilege

The American judicial system is founded on the assumption that all communication between you and your attorney is considered privileged and confidential. Even though Estate Guru is essential to how the attorney responsible for your estate plan practices law, and therefore information shared with Estate Guru technically qualifies for attorney-client privilege, no guarantee can be made that information you provide Estate Guru will be considered privileged. If you had a non-attorney advisor, such as your financial advisor or CPA, assist you as you used EstateGuru, then it is possible that your advisor's involvement in the process may cause information in Estate Guru to lose its privileged status.

Communication Between Married Individuals Not Treated as Confidential as Between Spouses

Any communication from husband and/or wife will be fully and freely disclosed to the other and no information will be kept confidential as between spouses. Should the two of you ever become involved in any lawsuit against the other, either of you may compel Estate Guru to testify in court as to any communication, data, etc. provided by either of you to EstateGuru.

Estate Guru dually and equally represents the interest of both husband and wife. If the interests of the husband or wife differ from the other spouse, then you should not use EstateGuru.

Bankruptcy

In the event Estate Guru declares bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, we may not be able to control how your personal information is treated, transferred, or used. If such an event occurs, your personally identifiable information may be treated like any other asset and sold, transferred, or shared with third parties without notice to you or your consent.

Evaluation of Privacy Protection Practices

At least annually our operations and business practices are reviewed for compliance with corporate policies and procedures governing security and confidentiality.

Modification of Privacy Policy

Estate Guru reserves the right to change the terms of our Privacy Policy. A notice will appear at login, or sent via email, whenever we modify Estate Guru's Privacy Policy. Your continued use of Estate Guru following a post of modification to Privacy Policy shall constitute your agreement to said modifications.

If you have any questions about our Privacy Policy, contact Estate Guru at 385-240-6400 or help@estateguru.com


Role of Attorney

 

BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AS OUTLINED IN THE ROLE OF ATTORNEY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS WEBSITE, OR ANY PAGES THEREOF.

Managing Attorney

Estate Guru's managing attorney is responsible for the design and maintenance of the legal rules that make the Estate Guru platform so “smart.” The managing attorney oversees all Estate Guru systems and procedures and is ultimately responsible for everything we do.

 

Attorney Responsible for Estate Guru Activities in Each State

Estate Guru retains at least one attorney in each state (i.e., jurisdiction). At least once a year, the attorney responsible for Estate Guru activities in your state reviews all document templates and legal rules embedded in Estate Guru to ensure they are up-to-date and accurately reflect the current laws of your state. The attorney responsible for each state receives compensation from Estate Guru for this work done for Estate Guru.

Attorney Assigned to Your Estate Guru Account

Estate Guru automatically assigns an attorney to each user. This may or may not be the same attorney who is responsible for Estate Guru activities in your state. Outside of routine background checks to ensure the attorney assigned to your file is in good standing with the Bar, Estate Guru does not vet attorneys beyond what the bar association in their state requires for them to practice law.

To ensure we always provide the highest quality service, Estate Guru reserves the right to assign a new attorney to your file at any time. If for some reason you do not want to work with the attorney assigned to your file, you can request that your account be assigned to a different attorney in our system (Estate Guru will auto-select the attorney to be assigned) or you can request that your account be closed and all your documents and personal information in your online legal file be transferred to an outside attorney of your choice.

Attorney-Client Confidentiality

To the extent that Estate Guru has or maintains any information concerning your communications with your attorney, Estate Guru agrees to maintain this information as strictly confidential.

States Without a Responsible Attorney

You will be notified if, for any reason, there is not an attorney responsible for Estate Guru activities in the state where you reside. While every attempt has been made to assure the documents created by Estate Guru work in every state, without an attorney formally responsible for Estate Guru work in your state, no guarantee can be made that the documents templates and legal rules embedded in Estate Guru accurately reflect the laws of your state.

No Conflicts Check Performed

No conflicts check is performed by Estate Guru to ensure that attorneys participating with Estate Guru do not represent someone that may disqualify them from ethically representing you. The attorneys participating within the Estate Guru online platform may independently do conflict checks that may result in them being unable to represent your interests. If that happens, upon notification from the attorney, we will reassign your account to a different attorney within our system. Your use of Estate Guru signifies your consent to a conflicts check waiver.

Limited Access to Attorney

When you use Estate Guru, you rely exclusively on the intelligent system built into Estate Guru to determine, create and use the documents required in your situation. The Estate Guru platform relies on proprietary algorithms to determine the complexity of an individual's situation and include conditional language included in your estate plan documents to address your particular needs. If your personal circumstances are too complex for automated production, your file is flagged for a live review. When a live review is triggered, a participating attorney (or an individual designated by and under the direct supervision of that attorney), will contact you to discuss your estate plan and determine appropriate next steps. While every attempt has been made to ensure that the algorithms used to determine when a live review is required cover every possible circumstance, no guarantee can be made that the algorithm will flag every situation that requires a live review.  UNLESS A LIVE REVIEW IS TRIGGERED, ALL DOCUMENTS ARE CREATED USING THE PRE-APPROVED AUTOMATED REVIEW PROCESS.

No face-to-face meetings

It is anticipated that you will never meet with the attorney responsible for your file. In fact, the entire system has been designed to limit your access to the attorney, while at the same time, involving the attorney when needed. Unless specific arrangements are made, the only contact you will have with the attorney responsible for your use of Estate Guru will be via telephone or the internet, and only when a live review has been triggered.

Attorney Compensation

Participating attorneys offer their legal services directly to you through the Estate Guru portal. A portion of the fees you pay are legal fees to the attorney assigned to your estate plan. Estate Guru collects one payment using our online platform. The portion of that payment that is to be used to pay legal fees to the attorney is then held separately from the rest of the payment collected. Participating attorneys receive fees that are commensurate to the work that they perform related to each file. Attorney compensation for automated reviews range from $10 to $500 dollars per estate plan but may also vary by state and attorney. If your personal circumstances are too complex for automated production, your file is flagged for a live review. If after that review the attorney determines you need more customization than the documents provided in the Estate Guru online platform, additional fees may apply. The exact amount is determined on a case-by-case basis and paid by you directly to the attorney. You are under no obligation to retain any participating attorney.

Referral Attorney

If Estate Guru triggers a live review, the attorney assigned to your file may or may not be able to provide the services you need. If she cannot provide the services required, then she will provide the necessary professional reference to an attorney who can provide the services you require. Additional assistance beyond the scope of Estate Guru will require a separate agreement with the attorney and you will be solely responsible for any associated fees. You are under no obligation to use the professionals referred.

Fee Splitting - Compensation Between Attorneys 

Fees you pay to any referral attorney are paid directly to the referral attorney. The referral attorney may or may not split the fee they receive from you with the attorney responsible for your Estate Guru file who made the referral. You will be notified by the referral attorney if such a fee split between the attorney's occurs. Estate Guru does not participate in any fee split arrangement between attorneys.

Potential Conflict of Interest

Estate Guru collects fees for services provided using Estate Guru. Any and all payment to Estate Guru is a technology access fee, not a fee for legal services. Even though Estate Guru is not party to the engagement, Estate Guru pays the attorney for their role in providing Estate Guru services. Whenever someone other than the person actually receiving the legal services rendered compensates the attorney, a potential conflict of interest may exist. Every effort has been made to ensure that Estate's Guru compensation to your attorney will not adversely influence the participating attorney's professional judgment, however no guarantee can be made that this payment arrangement will not cause the attorney to favor the interests of Estate Guru over you.

 

Referral Service

Estate Guru is not registered with any state bar as an attorney referral service.

 

If you have any questions about the role of the attorney in Estate Guru, contact Estate Guru at 385-240-6400 or help@estateguru.com