Legal Plan Contract
ElmTree Law Legal Plan Contract
This is a contract between you, (the “ElmTree Member,” "Member," “you,” or “your”), and us, BizCounsel, Inc. doing business as ElmTree Law ("ElmTree") for the ElmTree Law legal plan services described below ("ElmTree Legal Plan, "Legal Plan,“ or “Plan”). This agreement is effective as of the date you accept its terms by purchasing a Legal Plan or accepting a free trial thereof (the "Effective Date"). If you sign up for an ElmTree Legal Plan, you accept these terms, conditions, and limitations. Please read this agreement carefully.
LEGAL PLANS ARE NOT A SUBSTITUTE FOR ACCOUNTING, BUSINESS, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES.
1. Incorporation of Additional Terms
Your use of ElmTree.law and membership in an ElmTree Legal Plan are also subject to your acceptance of our Terms of Use, Privacy Policy, Terms of Service, and the pricing or promotional terms described in your electronic onboarding email, each of which is incorporated herein by reference.
2. Legal Plan Membership; Assignment. We reserve the right to accept or refuse membership at our sole discretion. You may not transfer or assign your Legal Plan or these benefits.
3. ElmTree Legal Plan Benefits. Paid membership in an ElmTree Legal Plan provides the following benefits (“Plan Benefits”):
(i) Trust Funding Assistance. Members will receive ongoing support from ElmTree with adding assets to the Member’s trust for as long as the Member maintains an active membership. This includes assistance with recording real estate deeds and financial accounts.
(ii) Electronic Document Storage. Members and individuals they designate will have electronic access to the Member’s estate planning documents through an online portal hosted by ElmTree as long as they maintain their membership. These services are governed by ElmTree’s Supplemental Terms for Document Storage.
(iii) Physical Document Storage. ElmTree, or an entity designated by ElmTree, will store physical copies of wills for as long as the Member maintains their membership. These services are governed by ElmTree’s Supplemental Terms for Document Storage.
(iv) Legal Consultations.
a. Phone Consultations. Telephone consultations with a participating firm (the "Provider Law Firm"), during normal business hours, of up to one half (1/2) hour for each new legal matter that is scheduled through the ElmTree portal (“Phone Consultation”). If the Provider Law Firm determines after the Phone Consultation that a follow-up consultation is necessary, it may, in its sole discretion, offer the Member a follow-up Phone Consultation at no additional charge. Consultations are subject to scheduling and availability and are subject to all exclusions from Plan Benefits and any other limitations set forth in this agreement.
b. Contract Reviews. Review by a Provider Law Firm of contracts up to ten (10) consecutive pages total in length and one (1) telephone consultation of up to one half (1/2) hour concerning the contract, at a scheduled appointment during normal business hours, to advise the Member on any areas of concern and the implication of those provisions and their conformity to state or federal law. The Member must either be a party to or otherwise have an interest in the agreement. Members are entitled to one (1) Contract Review per month. Contract Reviews are subject to scheduling and availability and are subject to all exclusions from Plan Benefits and any other limitations set forth in this agreement.
Please note that your estate plan will be subject to the terms of your separate engagement agreement with your attorney. The Plan Benefits described above pertain to certain estate planning assistance (i.e. assisting with funding your trust), and other non-estate planning legal support, but do not pertain to drafting, revising, amending, or questions concerning your specific estate plan.
(d) Free Trial Plans. Participation in a free trial provides the trial participant with a complimentary telephone consultation with a Provider Law Firm during normal business hours, of up to one half (1/2) hour during the trial period as specified in the free trial offer. Participation in a free trial does not entitle the participant to any other Plan Benefits not specified in this subsection, however, ElmTree or the Provider Law Firm, each in its sole discretion, may offer access to other Plan Benefits for the duration of the free trial. ElmTree free trials are subject to all other limitations or exclusions set forth in this agreement.
4. No Limitation on Member’s Right to Obtain Additional Counsel. Nothing in any Plan or this agreement shall be construed to limit the right of a Member to retain, at his or her own expense, an unaffiliated attorney. ElmTree shall not be obligated to pay for any such services.
5. ElmTree Is Not a Law Firm. Please note that ElmTree does not provide legal services. Attorneys made available through any ElmTree Legal Plan or through ElmTree.law are third-party independent attorenys who agree to provide legal services directly to you through a separate engagement agreement between you and the attorney. Their contact information is provided as advertising. The attorneys have agreed to provide complimentary phone and email consultations related to subject matters about which they represent that they are qualified in jurisdictions where they are admitted to practice. A conflict check will apply. ElmTree makes no guarantees as to the substance of the attorney's advice.
6. Limitations & Exclusions from Plan Benefits. The following items and matters are specifically excluded from the Plans, and are not to be considered or treated as Plan Benefits under any plan offered by ElmTree:
(a) Matters involving any of the following: Tax; Pending or contemplated litigation; Criminal investigations; Regulatory or administrative investigations or inquiries; Settlement agreements; Opinion or clearance letters; Patents; Class action defense; Bankruptcy; Admiralty; Securities; Antitrust; Landlord/tenant; Professional licensing; Immigration; Advice concerning asset protection, creditor protection, or liability protection; prenuptial, postnuptial, marital separation, or divorce agreements or analysis of the characterization of property as community property or separate property; the rights or duties of beneficiaries or fiduciaries named in an estate plan; the administration or implementation of an estate plan after its creation; issues related to actual or potential litigation or contests of any type, including related to any estate planning documents;
(b) Matters that, in the sole discretion of the Provider Law Firm, require specialized legal knowledge or involve highly-regulated industries;
(c) Any matter where the contract value of the agreement(s) or amount in dispute exceeds $30,000 or if, in the sole discretion of the Provider Law Firm, the value of the legal assistance or potential for malpractice liability against the Provider Law Firm disproportionately exceed the consideration paid for Plan Benefits;
(d) Any claim, action, matter or question which a Provider Law Firm, in its sole discretion, determines was brought to the attention of the Provider Law Firm too close to an applicable or potential statute of limitation, statute of repose, or any other deadline which prevents the Provider Law Firm from having adequate time to properly prepare or investigate;
(e) Any action that directly or indirectly involves any Provider Law Firm, or another law firm;
(f) Any action that directly or indirectly involves ElmTree or any of its affiliates, directors, agents, or employees;
(g) Any action or question concerning or involving the laws of a jurisdiction outside of the Member’s business’s state, unless the Member has purchased a Plan for the applicable state;
(h) Any action based on acts or occurrences that are alleged to have occurred or conditions that were reasonably anticipated or foreseeable before the Member's enrollment that did or may give rise to a lawsuit by or against such Member;
(i) Any action that resulted in the prior recruitment or retention by the Member of another attorney;
(j) Any matter involving the law of a jurisdiction outside of the United States or involving tribal or Native American legal issues;
(k) Any matter that, in the Provider Law Firm's opinion, is frivolous in nature or objective;
(l) Any matter that, in the Provider Law Firm’s opinion, requires time or effort that exceeds the scope of the services; or
(m) Any case matter or requested service that is determined by the Provider Law Firm to lack sufficient merit to warrant pursuit, or that the Provider Law Firm decides has been raised an inordinate or unreasonable number of times without a change in circumstances.
The Provider Law Firm, in its sole discretion, may waive any of these exclusions, however, work on any of the excluded practice areas may be subject to additional fees. Any such fee increase shall be disclosed to, and approved by the Member prior to commencement of work.
Members are prohibited from providing the name or contact information of any Provider Law Firm or Provider Law Firm’s attorney to any third party unless the Member has specifically retained that firm or attorney pursuant to a written agreement for the specific matter outlining the scope of representation and any additional fees for the representation.
7. Not Insurance. The Plans offered through ElmTree are not contracts of insurance or indemnification insurance plans, and are not regulated as such. ElmTree is not an insurance company and does not guarantee legal representation in every situation. The Plans provide ElmTree customers with access to discounted legal services from Provider Law Firms. ElmTree does not reimburse or indemnify any Member or pay any Provider Law Firm for attorney fees or expenses. ElmTree makes no payments to firms for legal services in Florida, Georgia, or Massachusetts.
8. Use of Services; Changes to Services.
a. General Practices.
You acknowledge that ElmTree may establish general practices and limits concerning use of its Plans and Plan Benefits, including without limitation the maximum number of complimentary attorney consultations you may receive in a given period of time related to one or all subjects.
b. Right to Change Practices.
You acknowledge that ElmTree reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. However, you have the right to cancel your membership should we materially decrease benefits.
d. Right to Change Rates.
Provider Law Firms establish their own rates and may change them from time to time in the Provider Law Firm’s sole discretion. This means that the hourly or flat fee for one matter may not be the same for a later representation. The applicability of any changes in fees for ongoing representation shall be in accordance with the terms of your separate engagement agreement with the Provider Law Firm.
e. Responsibility for Misuse.
You are responsible for all expenses incurred or other actions that may occur through your use of a Legal Plan. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of a Plan, or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
9. Authority to Enter Agreement. If you are entering into this agreement on behalf of a married couple, domestic partnership, spouse, partner, unmarried couple, or similar relationship, you represent that you have the legal authority to enter into these terms on your and their behalf, in which case the terms "you" or "your" shall refer to both of you. If you do not have such authority or if you do not agree with this agreement, you may not sign up for or use any Plan. If after your purchase we find that you do not have authority to bind the couple for which you ordered, you will be personally responsible for the obligations in this agreement and the order you placed, including without limitation, the payment obligations.
10. Payment; Billing; Automatic Renewal.
a. Membership Fee Payments.
For any Legal Plan you purchase, you will be charged in full for the amount of the membership term you select upon purchase (e.g. monthly, annual), and you agree that for each renewal term for such Plan, the amount due for the next term will be due and immediately payable in full as of the first day of that renewed term. The payment method we have on file for you will be charged the applicable legal plan fees on a recurring basis for the duration of your membership through each renewal term. PLEASE NOTE THAT EVEN IF YOU DO NOT USE ANY PLAN BENEFITS, YOU WILL BE RESPONSIBLE FOR ANY MEMBERSHIP FEES UNTIL YOU CANCEL YOUR MEMBERSHIP OR IT IS OTHERWISE TERMINATED PURSUANT TO THE TERMS OF THIS AGREEMENT.
b. Billing & Automatic Renewal.
(i) Legal Plan Billing & Automatic Renewal: Your Legal Plan subscription will automatically renew at the end of the initial plan term, and will continue on a recurring basis for each term thereafter unless you give notice of your intention to terminate your subscription pursuant to the terms of this agreement. Unless otherwise notified pursuant to this agreement, the charge, and term duration for each renewal term will be the same as the initial Legal Plan term.
(ii) Free Trial Memberships: We sometimes offer customers trial memberships, all of which are subject to the terms of this agreement (unless otherwise stated in the offer). For a free trial or other promotional membership with no initial charge, you agree we may authorize a charge to your method of payment to verify your payment source for the full value of the membership you are trying. Please note, that in the event that you fail to use the free trial benefits, or otherwise need to reschedule a consultation, give us incorrect contact information, or otherwise fail to be available for a free trial consultation, your free trial period will still commence and you may forfeit your ability to use free trial benefits.
AT THE COMPLETION OF A TRIAL MEMBERSHIP, UNLESS YOU CHOOSE TO CANCEL BY CALLING (800) 815-0095 BEFORE THE CONCLUSION OF YOUR FREE TRIAL, YOU WILL BE AUTOMATICALLY ENROLLED IN A SUBSCRIPTION LEGAL PLAN AND YOUR CREDIT CARD WILL BE CHARGED ACCORDING TO THE TERMS OF THE PLAN.
c. Notice of Automatic Renewal.
As a courtesy to you, we may send a reminder email to the email address of record for your account before your billing date to inform you of your Plan’s automatic renewal, as applicable, depending on the type of Plan you are enrolled in. You acknowledge and agree that this notice is provided as a courtesy only, and we are not obligated or required to provide such notice. You acknowledge and agree that (i) your failure to read, (ii) inability to receive, or (iii) our failure to send the email does not create any liability on the part of ElmTree or any third-party service provider.
11. Fee Adjustments. ElmTree may increase its fees for any Plan membership effective the first day of a renewal term, as applicable, by giving you notice of the new fees at least thirty (30) days before the beginning of the renewal term. If you do not cancel your membership pursuant to this agreement, you shall be deemed to have accepted the new fee for that renewal term and any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term) and your payment method on file will be charged according to the new fee schedule. Reductions in fees become effective on the next renewal term without any pro rata reduction for the period covered under the prior fee schedule.
12. Termination or Cancellation.
a. By ElmTree.
(i) If you fail to pay for your Plan according to the payment plan you selected, your non-payment may result in suspension of service and subsequent termination of your membership (in Texas and Massachusetts, members have a thirty-one (31) day grace period).
(ii) Your right to use a Legal Plan membership is subject to any limits established by ElmTree or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, ElmTree reserves the right, in its sole and absolute discretion, to suspend or terminate access to your Plan and Plan Benefits, thereby terminating this agreement and all obligations of ElmTree hereunder. If a charge made to your credit card is declined, ElmTree may make multiple subsequent attempts to bill that card again in the future.
b. By You.
(i) After you have received this agreement, you have ten (10) days in which to examine it. If during this period you decide that you are not satisfied with the agreement, you may return the agreement to us and have any prepaid amounts refunded. If the agreement is returned and you have not sought legal services pursuant hereto within this time period, the agreement shall be void from the beginning and the parties shall be in the same position as if this agreement had not been issued. In the event that you have availed yourself of Plan Benefits during the ten (10) day period, you will be responsible for the value of a legal plan membership or the reasonable hourly costs of attorneys and staff, whichever is greater.
(ii) You have the right to cancel your membership before the applicable renewal period by calling our Customer Care team at (800) 815-0095. After such cancellation, your membership will remain active until the end of the then-applicable period.
13. Dispute Resolution. The parties agree to arbitrate all disputes and claims pursuant to the Terms of Service and Terms of Use of ElmTree.law. An ElmTree Member has the right to file a complaint with his or her state's bar association concerning the conduct of an affiliated attorney under the Plan.
14. Professional, Independent Attorney Judgment. Attorneys performing legal services for ElmTree Members under the terms of this agreement are not agents or employees of ElmTree. Any attorney rendering legal services to ElmTree Members under an ElmTree Legal Plan shall maintain the attorney-client relationship with the ElmTree Member, and is solely responsible to the ElmTree Member for all legal services provided. Participating attorneys reserve the right to make independent professional judgments regarding such representations. ElmTree will in no way influence or attempt to control the rendering of legal services of the participating attorneys.
15. Release of Information. Any member that submits to ElmTree any complaint or inquiry concerning a Provider Law Firm’s services, authorizes the Provider Law Firm to disclose to ElmTree any and all communications between the Member and Provider Law Firm, including communications that could be deemed privileged or confidential, and any other relevant information, to investigate or respond to such complaints or inquiries. Member further authorizes Provider Law Firms to disclose nonprivileged or aggregated information to ElmTree concerning plan usage, revenue, billing, and the subject matter of the Firm’s legal services.
16. Internal Revenue Service (IRS) Circular 230 Tax Advice Disclosure. To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in any communication from ElmTree (including information provided by a Provider Law Firm or an attorney offering a free consultation) is and was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any matters addressed therein.
17. Severability. If any provision of this agreement is deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision shall be severed from this agreement, and the invalidity of the provision will not affect the validity or enforceability of the remainder of the agreement.
18. Governing Law. This agreement is to be governed by and construed in accordance with the laws of the state of California, United States, without regard to choice of law principles.
Updated: October 1, 2025