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:
901 15th Street, NW
Washington, DC 20005
T: (202) 684-8460 / F: (202) 684-8459
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:
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.
Pursuant to 17 U.S.C. § 512(c)(2), please report the infringement of any intellectual property right to:
The American College of Trust and Estate Counsel
Suite 1400, One Atlantic Center
901 15th Street, NW
Washington, DC 20005
(202) 684-8460 (telephone)
(202) 684-8459 (facsimile)
To request a license to use the intellectual property on this website, please contact ACTEC through the contact information listed above.
Access to Website:
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.
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.
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.
Representations, Warranties, And Indemnification:
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:
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.
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.
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:
Copyright © 2013 American College of Trust and Estate Counsel, Inc. All rights reserved.
Updated by ACTEC on September 26, 2013.