Welcome to the Encore Trusts website available at: EncoreTrusts.com (Site). This website is owned and operated by Encore Trusts Management Services and its successors and assigns, (we or us).
These Services Terms and Conditions (Terms of Use) apply to every individual who uses our information, documents, software, and any other products and/or services that we provide, (together referred to as “Services”). Please read these Terms of Use carefully. By using our Services, including but not limited to, purchasing any Encore Trusts Management services, you agree to comply with and be bound by our Terms of Use.

The terms “us”, “our” or “we” refers to Encore Trusts Management Services, and its successors and assignees. The terms “you” or “your” refers to the Site user, collectively referred to as “the Parties” or each a “Party”.
Our Terms of Use and Privacy Policy (available on our Site) govern the relationship between Encore Trusts and you in connection with the use of our Site and Services.

In using our Services, you warrant that you have had sufficient opportunity to access these Terms of Use and contact us, and that you have read, accepted and will comply with our Terms us Use, and that you are 18 years or older. If you do not agree to the conditions as outlined in these Terms of Use, do not use our Site and/or Services.

Legal Relationship
Encore Trusts Management Services operates the Site under a copyright license from Benson Financial who owns the master copyright for the legal documents, and Catalina Solutions who owns the software trust administrative/management software and intellectual property which is accessed through the Site. By accessing the Site, downloading documents on it or using any of our Services, you are entering into an agreement with Encore Trusts. You have no relationship with either Benson Financial or Catalina Solutions.

Online Documents
User may download certain documents from our Site, free of charge, as stated on our Site. Other documents are only available at for a fee. Current fee schedule is found our Site.

Legal Advice and Services
Encore Trusts does not provide legal advice and services. Encore Trusts retains attorneys to review user’s information and be available for you to retain. You are under no obligation to use any of the attorneys provided by Encore Trusts. You sign a separate engagement letter, if and when you engage one of them to provide legal advice and services to you. Once so engaged, the terms and conditions of their engagement letter apply to their relationship with you. By using their services, you agree to be bound by their terms.

General Prices and Payment
Any payments for services made through the website are made to Encore Trusts and will go into Encore Trusts account. Once the services have been completed, Encore Trusts pays all service providers, including but not limited to, any participating attorney to review and consult on your file.
All prices displayed on Encore Trusts.com are in US Dollars. Our prices and payment methods may be amended from time to time in our discretion.

Pay-per-Use or Subscription
Clients may purchase Services from our Site, on a pay-per-use basis, or may pay a subscription fee that entitles them to services for the term of the subscription. Should you choose to purchase services on a pay-per-use basis, the price you will pay will be assessed once you have completed the relevant questionnaires. Should you choose to purchase a subscription, either on a monthly or annual basis, you will be deemed to have entered into a subscription contract with us. A contract is created once you agree to the Terms and Conditions and pay the relevant fee to us. Your subscription will automatically renew unless you cancel the subscription before the relevant renewal date. You authorize us to collect any applicable subscription fee, using any valid payment method we have on record for you.

If you enter into a monthly subscription plan, you will be charged the relevant monthly fee on the monthly anniversary of the day you first purchased your subscription (i.e. if you purchased your subscription on the 3rd of July, you will be charged on the 3rd of August, 3rd of September etc.). You will continue to be charged the relevant monthly fee until you cancel your subscription.
If you enter into an annual subscription plan, you will be charged the relevant annual fee on the annual anniversary of the day you first purchased your subscription (i.e. if you purchased your subscription on the 3rd of July 2013, you will be charged on the 3rd of July 2013, 3rd of July 2014 etc.). You will continue to be charged the relevant annual fee until you cancel your subscription.

You authorize us to charge the credit or debit card you supplied for your initial purchase on a monthly or annual basis. If we are unable to charge a credit or debit card that you have provided, you agree to provide the details of another credit card, or pay the amount owed in some other manner as agreed between yourself and us.

You acknowledge and agree that if we are unable to charge a credit or debit card that you have provided, we will cease to provide Services to you and you will not be able to log into our Site until payment is made.
All prices displayed on Encore Trusts.com are in US Dollars. Our prices and payment methods may be amended from time to time in our discretion.
Should you be unable to access our services, you should notify us by sending an email to trusts@encoretrusts.com. We will attempt to resolve the issue speedily.

If the issue remains unresolved 30 days after you have notified us of the issue, you will be entitled to either a full refund of your latest paid subscription fee, be it annual or monthly (if you have paid for the document(s) by way of subscription fee), or the price paid for the document(s) (if you have paid for the document(s) on a per document basis). Any request for a refund must be made within 60 days of the funds being debited from your credit card.
We stand behind our Services. We offer you a money-back guarantee for any service purchased by you from Encore Trusts, if you are unsatisfied with it and notify us in writing within 30 days of purchase. If you receive a money back guarantee from us in relation to a particular document then you agree to delete the document from your computer system and not use it, nor provide it to any other party (whether a related body corporate or an independent third party) at any time.

This money back guarantee does not apply unused portion of Encore Trusts subscription plan. If you cancel your subscription you will not receive a refund of any unused portion of the price paid for your subscription.
Restricted Use

You acknowledge and agree that:
a) the Site contains proprietary documents which are licensed to us;
b) you are only permitted to use the documents in the manner set out in these Terms and
Conditions; and
c) copyright in the documents belongs to Encore Trusts, and Encore Trusts makes Documents available to you under license from Rosen and Rose as set out in these Terms and Conditions.
Once you have purchased a document you are permitted to:
a) download, save and the document;
b) supply the document to a lawyer for review; and
c) use the document for your personal use.
You agree not to:
a) use the Site or Services for unauthorized or unlawful purposes (unauthorized use of the Site and any of our Services may be a criminal offence and/or give rise to a claim for damages); b) resell any documents, which includes any documents you have bought either on a per document basis or through a subscription;
c) resell or attempt to benefit in a commercial fashion from any of the content available on the Site;
d) post anything on the Site that is illegal, inappropriate, profane, obscene, defamatory, knowingly false and/or infringes the copyright;
e) conduct surveys, contests, pyramid schemes or chain letters on the Site;
f) introduce any form of malicious software into the Site or Services; or
g) collect information about others on the Site without their consent.

You are not permitted to copy, reproduce, transmit electronically or otherwise use the documents in whole or in part in order to re-sell them in any manner, whether in original form or amended in any way.

Restricting Access
We reserve the right to restrict or terminate your access to our Site and any of our Services at any time without notice.

Competitors
Competitors, including companies offering trust management services, online legal services or documents of any kind, are not permitted to access or use any information or documents accessible on Encore Trusts.com and are not permitted to use our Site.

Cancellation by Us
Should we deem that you are acting contrary to the spirit of the Site, potentially using our services for commercial gain, or in a manner that could damage our business and repute, we reserve the right to exclude you from the Site.

Intellectual Property and Moral Rights
You agree to provide information including Intellectual Property to us to enable us to provide the Services.
You:
a) warrant that you have all necessary rights to provide the Intellectual Property to us;
b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable
right and license to use the Intellectual Property in any way we require to provide the Services to you; and
c) consent to any act or omission which would otherwise constitute an infringement of your

Moral Rights.
If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:
a) irrevocably consent to any amendment of the Intellectual Property in any manner by us for the purposes of providing Services to you;
b) irrevocably consent to us using or applying the Intellectual Property for the purposes of providing Services to you without any attribution of authorship;
c) agree that your consent extends to acts and omissions of any of our licensees and successors in title; and
d) agree that your consent is a genuine consent and has not been induced by duress or any false or misleading statement.

Personal and Confidential Information
You consent to us providing information, including personal information and Confidential Information, to: (i) our related bodies corporate including Encore Trusts, our participating attorneys, to provide information, products and services to you; and, (ii) third parties, agents, contractors and subcontractors, insurance brokers and other specialists who assist us in providing information, products and services to you.

We and you, including any employees and contractors, agree not to disclose Confidential Information to additional third parties; to use all reasonable endeavors to protect Confidential Information from any unauthorized disclosure; and only to use your Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.
These obligations do not apply to Confidential Information that:
· is authorized to be disclosed;
· is in the public domain and/or is no longer confidential, except as a result of breach of these Terms and Conditions;
· is received from a third party, except where there has been a breach of confidence; or
· must be disclosed by law or by a regulatory authority including under subpoena. The obligations under this clause will survive termination of these Terms and Conditions.

Feedback and Dispute Resolution
Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services, please contact us at trusts@encoretrust.com.
If there is a dispute between the Parties in relation to these Terms and Conditions, the Parties agree to the following dispute resolution procedure: (a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them; and, (b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the American Arbitration Society to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms and Conditions, by law or in equity.

Limitation of Liability and Disclaimer
The information, including statements, opinions, documents and materials contained in this Site is for general information purposes only. The Information does not take into account your specific needs, objectives or circumstances, and it is not legal advice or services. Any reliance you place on the Information, and any use of the documents on the Site or our Services is at your own risk. If you are not satisfied with any part of the Site, our Services or these Terms and Conditions, you should contact us, and cease using the Services.
Documents: You acknowledge that the information and documents may contain mistakes, inaccuracies and/or errors. Encore Trusts expressly excludes any liability for such mistakes, inaccuracies and errors to the fullest extent permissible by law. You should carefully review any document obtained or created as a result of your activities on the Site to ensure that it does not contain any mistakes, inaccuracies or errors and is appropriate to your circumstances. We recommend that you obtain legal advice from a qualified attorney if you are unsure whether a document is appropriate to your circumstances.

Services
It is your responsibility to ensure that any Services or information available through the Site meet your specific requirements. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary. Information provided on the Site and Services must not be relied upon for legal decisions; you should seek competent counsel for legal advice and services.

Purpose
Neither Encore Trusts or Encore Trusts.com provide any representation, warranty, indemnity or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the Information or documents found or offered on this Site for any particular purpose. While every effort has been made, we give no warranty, indemnity or guarantee that the Site is free of viruses.
Currency and jurisdiction
The laws vary between different jurisdictions, and are updated and amended from time to time. Although we seek to ensure that our services and documents are in line with the relevant laws and up to date, we make no such warranty or representation. We recommend that you obtain legal advice from a qualified attorney in your jurisdiction in relation to all legal matters.
Legal advice and services
While Encore Trusts takes care to choose participating attorneys, we make no representation or warranty as to the quality or appropriateness of any advice or services that Encore Trusts provides to you. Encore Trusts is not responsible for, or liable for, the relationship between you and Encore Trusts, or any third party you may retain as a result of your relationship with Encore Trusts. We disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services. No legal relationship exists between any user of this Site, Encore Trusts and/or Encore Trusts.com or any of their related bodies corporate, including parent companies, subsidiaries or affiliates or their employees, directors or other officeholders.

No Warranty
We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Consumer Guarantees
We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
Delay
Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information.
General
To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Information, Services and these Terms and Conditions, except as set out in these Terms and Conditions. To the maximum extent permitted by law, we are not and will not be liable or responsible for any expenses, losses, costs or damages (whether direct or indirect) caused to or incurred by any user of the Information, Site or our Services, including damages for loss of use and/or loss of data, arising out of the performance of the Site and/or Services. This clause will survive termination of these Terms and Conditions.

Indemnity
You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms and Conditions; and, (iii) and any misuse of the Services; from or by you, your employees, contractors or agents.
You agree to cooperate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms and Conditions.

Communications
We are not under any obligation to monitor any communications entered into regarding the Services, but we have the right to check and investigate any such communications. We reserve the right to revoke your ability to communicate on the Site and/or to use our Services immediately at any time for any reason. We do not endorse the content of any information posted on the Site other than that posted by one of employees or service providers.

Modifications
We reserve the right to amend in any way we see fit the documents, and the Terms and Conditions under which the Services are offered, including but not limited to the costs associated with the use of the Site, our Services and our refund policy, without notice to you. You agree that by continuing to use the Site and our Services after the date of any amendment to the Terms and Conditions you are agreeing to the relevant amendments.
Privacy
Our Privacy Policy sets out the manner in which we and/or Encore Trusts.com treat your personal information.

Publicity
You consent to us using advertising or publicly announcing that we have undertaken work for you.

Email
You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorized copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

Relationship of parties
The Terms and Conditions are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
Severance
If any provision (or part of it) of the Terms and Conditions is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms and Conditions cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and Conditions and the remaining provisions (and remaining part of the provision) of the Terms and Conditions are valid and enforceable.

Jurisdiction & Governing Law
The Terms and Conditions are governed and construed in accordance with the laws of the state of Utah. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of Utah.
Entire Agreement
These Terms and Conditions make up the entire agreement between you, us and Encore Trusts.com, and supersede any prior agreement, understanding or arrangement between you, us and Encore Trusts.com, whether oral or in writing.
Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know- how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”.

Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.
For questions and notices, please contact us at:
Trusts@EncoreTrusts.com