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ACTEC
901 15th Street, NW
Suite 525
Washington, DC 20005
T: (202) 684-8460
F: (202) 684-8459

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Terms of Use and Disclaimers
Thank you for visiting the official website (“Site”) of  the American College of Trust and Estate Counsel, Inc., d/b/a/ ACTEC and/or The American College of Trust and Estate Counsel (hereinafter “ACTEC”).  For information about this Site or ACTEC you may contact us at:

ACTEC
901 15th Street, NW
Suite 525
Washington, DC 20005
T: (202) 684-8460 / F: (202) 684-8459

Terms of Use

Ownership of Site; Agreement to Terms of Use:

The Site is the property of ACTEC.  The Site’s sole purpose is to share information regarding trust and estate issues for educational purposes.  The site does not provide legal advice, is not intended to serve as a substitute for the advice of legal counsel, and it does not create an attorney-client relationship between ACTEC and any user of the Site.  BY USING THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Terms and Conditions:

These Terms of Use define the conditions under which ACTEC makes the Site available to users and the conditions under which users may have access to and use this Site.

These Terms of Use constitute a legally binding agreement made by and between ACTEC and you, personally and, if applicable, on behalf of the entity for whom you are using the Site (collectively, “you” or “your”).  These Terms of Use govern your use of the Site so please read it carefully.  BY ACCESSING OR USING ANY PART OF THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY.  IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEBSITE.

ACTEC reserves the right, at its sole discretion, to change, modify, add or remove portions or all of these Terms of Use, at any time.  It is your responsibility to check these Terms of Use periodically for changes, and we encourage you to do so from time to time for possible changes.  Your continued use of the Site constitutes assent to any new or modified provision of these Terms of Use that may be posted on the Site. 

Content And Intellectual Property Information:

“ACTEC” and the stylized ACTEC mark are federally-registered servicemarks of ACTEC and may not be used without permission.

The Site’s proprietary contents include, without limitation, the marks, images, photographs, animations, music, data, information, design, text, graphics, illustrations, audio, video, “applets,” and other files displayed, used and available on the Site (the “Content”), as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, is owned, controlled or licensed by or to ACTEC, and is protected by copyright, trade dress, patent, trademark and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated or distributed in any  manner (including “mirroring”).  You may record or download Content for use on a personal computer provided that: 1) the use is only for your personal, non-commercial informational purposes, and you do not copy or post such information on any networked computer or disseminate it in any media or publicly-accessible forum; 2) you do not modify the Content; 3)  you ensure that ACTEC’s notices and indications of ownership are kept intact; and 4) you do not make any additional representations or warranties regarding such Content.  You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. 

Pursuant to 17 U.S.C. § 512(c)(2), please report the infringement of any intellectual property right to:

Leah Weatherspoon
The American College of Trust and Estate Counsel
Suite 1400, One Atlantic Center
901 15th Street, NW
Suite 525
Washington, DC 20005
(202) 684-8460 (telephone)
(202) 684-8459 (facsimile)
l.weatherspoon@actec.org

To request a license to use the intellectual property on this website, please contact ACTEC through the contact information listed above. 

Access to Website:

The Site is intended to be used only by individuals and entities that can form legally binding contracts under applicable law. As long as you comply with these Terms of Use, ACTEC grants you a limited and personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. 

ACTEC does not knowingly solicit data from minors under 18 and it does not knowingly market to children under 13 through the Site.  ACTEC states that minors under 18 are among the individuals who would be unable to form a legally binding contract under applicable law and should not view this Site without the supervision of a parent or guardian able to enter into a legally binding contract.

We use the means that we believe are reasonable to provide access to this website 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond the control of ACTEC or breakdowns or maintenance operations required to ensure the smooth operation of the Site.  ACTEC is not be liable for any failure or deficiency in the performance of the Site by reason of maintenance, breakdown or any event beyond our reasonable control, including without limitation, an Internet outage, interruption of service, fire, terrorism, natural disaster or war.

Prohibited Conduct:

In using this website, you agree that you will not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of ACTEC or any third party; (ii) defame, abuse, harass or stalk any individual; (iii) interfere with, attempt to interfere with the proper working of the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (iv) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; (v) impersonate another person or entity, misrepresent your affiliation with a person or entity, including, without limitation, ACTEC, or create or use a false identity; (vi) attempt to obtain unauthorized access to the Site, or portions thereof that are restricted from general access, by hacking, password “mining” or any other illegitimate means; (vii) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail, or any other type of unsolicited solicitation; (viii) collect, reverse look-up, trace or seek to trace, manually or through an automatic process, information about other user or visitor to the Site without their express consent or other information relating to this website; (ix) use any meta tags or any other “hidden text” utilizing the ACTEC name, trademarks, or product names; (x) advertise, offer to sell, or sell any goods or services set forth in the Site, except as expressly permitted by ACTEC; (xi) engage in any activity that interferes with any third party’s ability to use or enjoy this website; (xii) probe, scan or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site; (xiii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or ACTEC’s systems or networks, or any systems or networks connected to the Site or ACTEC  or (xiv) assist any third party in engaging in any activity prohibited by these Terms of Use.

Communication Of Information To And On The Site:

If you submit any postings, messages, notes, emails, descriptions, pictures, links or other information through this Site, you are acknowledging that any such information does not create any confidential, fiduciary, attorney-client, contractually implied or other relationship between you and ACTEC or its agents and representatives, and such information may be used by ACTEC for any purpose, including for promotional or advertising purposes. 

The Site may contain features that allow you to submit content or messages in the form of text, pictures, drawings, designs, graphics, audio clips, video clips or other files that are then displayed on the website and accessed by other website users (“Posting”).  You are prohibited from submitting any Posting that: (i) restricts or inhibits any other user from using and enjoying this website or any of ACTEC’s other websites; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; or (viii) constitutes or contains false or misleading statements of fact.

By submitting a Posting, you are granting ACTEC a perpetual, worldwide, royalty-free, exclusive, sublicenseable and irrevocable right and license to use, copy, reproduce, distribute, perform and display such information and derivative works therefo in whole or in part, in any form, media or technology known or hereafter developed as long as such use is consistent with our applicable agreements with you.  You hereby irrevocably waive any claims based on moral rights or similar doctrines and theories.

You acknowledge that ACTEC does not necessarily pre-screen all Postings, but that ACTEC and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to edit or disable, any Posting that is available via the Site.  By way of example and without limiting the foregoing, ACTEC and its designees may edit or disable, or restrict access to or the availability of, any Posting that violates these Terms of Use or is required to be reviewed, monitored, edited or deleted by any court order, or in any governmental, administrative or judicial proceeding. You must evaluate and bear all risks associated with the use of any Postings, including any reliance on the accuracy, completeness, or usefulness of such Postings.  ACTEC assumes no liability for use of any Posting by any third party.

Links To Third Parties:

The Site may contain links to the websites of ACTEC partners, advertisers or third-party companies (“Linked Sites”).

ACTEC does not own and has no control over the Linked Sites and therefore assumes no responsibility with respect to the availability of these websites, their content, advertising material, and the products or services available at or through the Linked Sites.  ACTEC does not endorse any Linked Site.  ACTEC accepts no liability for any direct or indirect damage that may result from a user’s visit to a Linked Site, or from the use of the contents and services of these websites by the user.  In particular, ACTEC provides links to Linked Sites solely for educational purposes; ACTEC and the Site are not attorneys, ACTEC and the Site do no provide legal advice, and there is no attorney-client relationship formed between you and ACTEC and/or the Site by your accessing the Site, reading the Content or by linking to Linked Sites listed on the Site.

You acknowledge that ACTEC shall not be responsible or liable for the content or conduct of, associated with, or related to any Linked Site, and, accordingly, your access and use of any Linked Site shall be solely at your own risk.  If you have any questions or concerns regarding any Linked Site, you should review any terms and conditions and privacy policy maintained by that Linked Site, or contact their website administrator.

Privacy:

ACTEC’s Privacy Policy applies to use of this Site, and its terms are hereby incorporated and made a part of these Terms of Use.  By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure, and understand that any message or information you send the Site may be read or intercepted by others.

Representations, Warranties, And Indemnification:

You represent, warrant and covenant to ACTEC that: (i) you have the full power and authority to enter into and perform your obligations under these Terms of Use; (ii) your assent to and performance of your obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) you are able to form a legally binding contract, and these Terms of Use constitute legal, valid and binding obligations on you, enforceable in accordance with their terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right of ACTEC or any third party in your use of the Site; and (v) you will comply with all applicable laws, rules and regulations in your use of the Site, including these Terms of Use.

You agree to indemnify and hold ACTEC and its owners, employees, representatives, agents, attorneys, affiliates, directors, officers, members, and managers (“Indemnified Parties”) harmless from any and all damages, losses, costs or expenses (including without limitation, attorney’s fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of these Terms of Use or (ii) arising from, related to, or connected with your use of this Site and/or its Content.   

Disclaimer Of Warranties:

THE WEBSITE AND ANY PROPRIETARY INFORMATION IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE SITE AND/OR ITS CONTENT TO ACHIEVE YOUR INTENDED RESULTS AND SOLE RESPONSIBILITY FOR THE USE OF, AND RESULTS OBTAINED FROM THE SITE AND/OR ITS CONTENT.  WITHOUT LIMITING THE FOREGOING PROVISIONS, ACTEC MAKES NO WARRANTY THAT THE SITE AND/OR ITS CONTENT OR ITS USE WILL BE ERROR-FREE, SECURE, VIRUS FREE, OR FREE FROM INTERRUPTIONS, DEFECTS OR OTHER FAILURES OR HARMFUL COMPONENTS OR THAT THE SITE AND/OR ITS CONTENT WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT OR OTHER HARDWARE, SOFTWARE OR BROWSER CONFIGURATION OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACTEC DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, LACK OF ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, AND LACK OF NEGLIGENCE OR WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SITE AND/OR ITS CONTENT.  THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SITE AND/OR ITS CONTENT.  THE ENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SITE AND/OR ITS CONTENT, IF ANY, REMAINS SOLELY WITH YOU.  SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Exclusion Of Damages:

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL ACTEC, ITS OWNERS, ITS EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS., MANAGERS, VOLUNTEERS, SUPPLIERS, OR THE THIRD PARTIES MENTIONED ON THE SITE BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL INFORMATION, USER INFORMATION OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SITE AND/OR ITS CONTENT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY ACTEC, ITS EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS., MANAGERS, VOLUNTEERS, SUPPLIERS, OR THE THIRD PARTIES MENTIONED ON ITS WEBSITE, AND EVEN IF ACTEC, ITS OWNERS, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS., MANAGERS, VOLUNTEERS, SUPPLIERS OR THE THIRD PARTIES MENTIONED ON THE SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.  THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Termination And Modification Of The Site:

ACTEC may, in its sole discretion and without any liability, change, modify, suspend, make improvements to or discontinue any aspect of the website, temporarily or permanently, at any time without prior notice.

Violation Of These Terms Of Use:

You agree that ACTEC may, in its sole discretion and without prior notice, terminate your access to the Site if it determines in its sole discretion that you have violated these Terms of Use.

ACTEC may disclose any information it has about you, including your identity, if it determines that such disclosure is necessary with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with ACTEC’s rights or property, or a Site visitor’s rights or property.  ACTEC reserves the right to disclose any information ACTEC deems necessary to comply with any applicable law, regulation, or governmental rule, and also when it determines that applicable law permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that ACTEC may preserve any communication by you with ACTEC through the Site or any service offered on or through the Site, and may disclose such communications when required by law or if ACTEC determines that such preservation or disclosure is reasonably necessary to: 1) comply with legal process; 2) enforce these Terms of Use; 3) respond to a claim that the communication or contents therein violates the rights of others; or 4) protect the rights, property or personal safety of ACTEC and its employees, users of or visitors to the Site, and/or the public.

If ACTEC takes legal action against you as a result of your violation of these Terms of Use, ACTEC will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to ACTEC.  You agree that ACTEC will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Void Where Prohibited:

ACTEC reserves the right to limit, in its sole discretion, the provision and quantity of any Content, feature, product or service to any person or geographic area.  Any offer for any feature, product or service made on the Site or advice, opinion or interpretation of law contained on the Site is void where prohibited.  If you choose to access the Site from outside the United States, you are solely responsible for complying with applicable local law.

Jurisdiction and Applicable Law:

These Terms of Use shall be governed, construed and applied in all respects by the laws of Washington, District of Columbia, U.S.A., without regard to any provision governing conflicts of law.  Any dispute arising out of, relating to, or connected with these Terms of Use or your use of the website shall be brought before federal courts located in Washington, District of Columbia.  The use of the Site provides your express consent to the personal jurisdiction and venue of such courts.

Miscellaneous:

If any provision of these Terms of Use are ruled by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provision(s) shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best furthers the intent of these Terms of Use, and the remaining provisions shall remain in full force and effect.

These Terms of Use constitute the entire agreement between you and ACTEC with regard to your use of the Site, and any other agreements or understandings that you understand previously existed between you and ACTEC with respect to use of the Site are hereby superseded and cancelled.  ACTEC will not accept any counter-offers to these Terms of Use, and all such counter-offers are hereby rejected.  ACTEC’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by ACTEC of any provision or any right that it has to enforce these Terms of Use, nor shall any course of conduct between ACTEC and you or any other party be deemed to modify any provision of these Terms of Use.  These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Copyright © 2013 American College of Trust and Estate Counsel, Inc.  All rights reserved.

Updated by ACTEC on September 26, 2013.


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