Customer Terms and Conditions
As a customer, I hereby acknowledge that upon submitting my entries on your website, that my trust and ancillary documents (the “Trust Documents”) will be compiled automatically without any review by our company or any employee, agent, affiliate, contractor, member or owner thereof (collectively, the “Company”). Prior to submitting my entry form to create a trust I have reviewed my entries for accuracy and appropriateness and had time to make all desired and necessary inquires as to all relevant legal matters relating to the trust documents and the formation of a revocable living trust designed for the purposes of holding title to firearms regulated by the National Firearms Act of 1934 (the “NFA”) with a competent attorney licensed to practice in the relevant jurisdiction. Furthermore, I understand that the Trust Documents are intended to be reviewed by such an attorney prior to execution and that doing so is a condition of the Company’s provision of the Trust Documents.
I further acknowledge that: (i) the Company is not a law firm and therefore cannot provide legal advice and no attorney client relationship has been formed between myself and the Company or any of its employees, agents or members; (ii) the Company provides no representations as to the suitability of the Trust Documents other than guaranteeing approval of the trust agreement provided therein by the Bureau of Alcohol, Tobacco, Firearms and Explosives (the “ATF”) as part of a properly completed and submitted Form 1 or Form 4 application and only if the trust agreement is executed in accordance with the instructions provided; and (iii) other than as expressly provided in Section (ii) this paragraph, the Trust Documents and guidance provided regarding such documents is provided “as is” without representation, warranty or condition of any kind, either express or implied, including but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose.
I hereby agree that total liability of the Company its employees, agents, affiliates, contractors, members or owners (such parties, the “Released Parties”) in contract or tort arising in connection with the provision of the Trust Documents shall be limited to the price paid for the Trust Documents. I also hereby agree to indemnify the Released Parties from any and all third-party claims resulting from my failure to abide by all relevant local, state, and federal laws regarding the possession, use, making, manufacture, transportation, transfer, and storage of any and all firearms associated with the trust created with the trust agreement provided among the Trust Documents.
I agree not to share the trust documents with anyone other than the following individuals or governmental units: parties to my trust (co-settlors, trustees, successor trustees, or beneficiaries), my personal representative or executor of my estate, my immediate family, governmental agencies or officials, including the ATF, or an attorney that I have engaged for a bona fide review of or amendment to such documents; whether such sharing is by hard copy or digitally, and whether such sharing occurs in person or by electronic communications, including the use of email or the internet.
I hereby represent and warrant that I: (i) am purchasing the trust documents for my own personal use with the bona fide intention to use the trust documents to form a trust; (ii) that I am not acquiring the trust documents for litigation purposes or in anticipation of litigation purposes or any commercial purposes, including, but not limited to copying the text or ideas and concepts including therein, mere review of the materials for any competitive purpose, or comparing the trust documents to materials which I provide or intend to provide to consumers; and (iii) that I am not presently a provider of trusts designed for holding title to NFA items nor a beneficial owner of nor an agent of such a provider, nor do I intend to be such a provider, nor am I an agent of a person or entity intending to be such a provider. I hereby agree that in the event of a breach of any of the promises or warranties in this or the prior paragraph, I will pay to the Company’s owners, or its heirs, successors, and assigns liquidated damages of $1,000,000.
I hereby agree that any controversy or claim arising out of or relating to my purchase of a trust package or other services from the Company or this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The location of arbitration shall be in Wyoming. Wyoming law shall govern. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.