Updated: May 16, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. 

By using the Silver Lining Estate Plans, PLLC website (the "Site"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer or Site visitor, "we", "us" and "our" refers to Silver Lining Estate Plans, PLLC and "Services" refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any of our Services. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

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.

Please also refer to our Privacy Policy, which is incorporated herein by reference.

Our Services do not fit every individual’s specific circumstances. The Services are applicable to the general public, but if you have a specific or an unusual situation, you should contact us before purchasing our Services to determine whether use of the Services will meet your individual goals. For more information, please refer to the “Disclaimer” paragraph, located at Paragraph 5, below.

The information on this Site is not intended to create an attorney-client relationship between you and Silver Lining Estate Plans, PLLC. To the extent that you use our Services, the relationship is limited to the documents that we provide as part of our Services, and the information that you provide to us for the specific use in preparing the documents as part of our Services.

1. Privacy Policy. We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current Privacy Policy can be found on our Site. Silver Lining Estate Plans, PLLC’s Privacy Policy is expressly incorporated into this Agreement by reference.

When you open an account or purchase any Services with us, you must provide complete and accurate information as requested on the applicable registration form. You may also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify us immediately of any unauthorized use of your account, user name or password. We shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.

In connection with the use of certain Silver Lining Estate Plan, PLLC products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant us a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by us at any time by removing your personal information from the applicable service.

2. Ownership. This Site is owned and operated by Silver Lining Estate Plans, PLLC. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by us or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of our intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by Silver Lining Estate Plans, PLLC.

3. Limited Permission to Download. We hereby grant you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

4. Links to Third Party Sites. This Site may contain links to websites controlled by parties other than Silver Lining Estate Plans, PLLC (each a "Third Party Site"). We may work with a number of partners and affiliates whose sites are linked with our Site. We may also provide links to other citations or resources with whom it is not affiliated. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. We make no guarantees about the content or quality of the products or services provided by such sites. We are not responsible for webcasting or any other form of transmission received from any Third Party Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Third Party Site, nor does it imply that we sponsor, are affiliated or associated with, guarantee, or are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that we are not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

Resale of Forms Prohibited.

By ordering or downloading our Services, you agree that any forms or documents you purchase or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of Silver Lining Estate Plans, PLLC.

5. DISCLAIMERS

The Services that we provide through our Site do not fit the specific needs of each individual. If your circumstances meet any of the situations below, then it is likely that you need different or additional planning, and you should not rely solely on our Services without scheduling an attorney consultation so we have a full understanding of your situation. If, after understanding your situation, our Services are not sufficient for your needs, then we can connect you with one of our law firm partners. The circumstances that likely will require additional or different planning include, but are not limited to, the following:

• You do not live in Michigan. We currently only offer our Services in the State of Michigan.

• You are married and have one or more children from a previous relationship or outside of your marriage.

• You are married and you do not want to name your spouse as your sole beneficiary upon your death (assuming your spouse survives you).

• You are married and you and your spouse want to name different beneficiaries upon the second of your deaths.

• You want to disinherit a child or other descendant of yours.

• You want to name more than one person to serve at a time with respect to your financial fiduciary appointments (Trustee, Personal Representative, and Attorney-in-Fact); in effect, you want to designate a committee of financial decision makers rather than one individual.

• You have a prenuptial agreement.

• You may need estate tax planning. Generally, this means that at the time of your death your projected net worth (including any life insurance death benefits payable upon your death and any inheritances received prior to your death) exceeds the estate tax exemption amount in effect at the time of your death. As of 2023, such estate tax exemption amount is $12,920,000 per person. However, such estate tax exemption amount is scheduled to decrease to about $6,000,000 per person in 2026.

• You own all or part of a business. If your estate plan includes a Trust, there is additional planning that must be done relating to your business interests.

• You own real estate, including a home. If your estate plan includes a Trust, there is additional planning that must be done relating to your real estate interests.

• You are a current or contingent beneficiary of a trust created by another person. If this is the case, additional planning may need to be done relating to your beneficial interest in such trust.

• You want to qualify for Medicaid or other government benefits that have asset and/or income eligibility tests, which in many cases require irrevocable trust planning and the divestment of assets to qualify for such benefits.

If your circumstances meet any of the situations above, then you must let us know so we can properly advise you on how to proceed with your estate planning.

6. Refund Policy

We offer full refunds until the earlier of (1) your completion of the applicable questionnaire for the Service that you selected, or (2) fourteen (14) days from the date of your purchase. To clarify, once the applicable questionnaire for the Service is completed, no refund will be offered, even if such completion occurs before the end of the fourteen (14) day period.

7. DISPUTE RESOLUTION BY BINDING ARBITRATION

Arbitration Agreement: 

(a) Silver Lining Estate Plans, PLLC and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we 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 us, 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

• claims that may arise after the termination of these Terms.

For the purposes of this Arbitration Agreement, references to "Silver Lining Estate Plans, PLLC," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document. 

Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms. 

(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 Silver Lining Estate Plans, PLLC should be addressed to: Silver Lining Estate Plans, PLLC, 755 W. Big Beaver, Suite 2020, Troy, MI 48084 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled. 

(c) The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association, as modified by these Terms, for all claims under $75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision are for the court to decide. Unless we and you agree otherwise, any arbitration hearings will take place in Oakland County, Michigan. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which we were a party.

8. NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

9. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD SILVER LINING ESTATE PLANS, PLLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, 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 YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF US, 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 YOU.

10. Personal Use. The site is made available for your personal use on your own behalf.

11. Children. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.

12. Customers Needing Extra Assistance. We aim to provide full access to our website and product offerings regardless of disability. Please contact us if you need assistance.

13. Governing Law; Venue. Any legal action or proceeding relating to your access to or use of the Site or Materials is governed by the Arbitration Agreement contained in paragraph 7 of these Terms of Use.

14. Right to Refuse. You acknowledge that we reserve the right to refuse service to anyone and to cancel user access at any time.

15. Acknowledgement. BY USING OUR SERVICES OR ACCESSING OUR SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.