Quantum Realty Advisors, Inc.<br>Chris Losquadro<br>561-624-2680

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING, USING OR OBTAINING ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH ANY NAEPC SITE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, THE PRIVACY POLICY.  IF YOU DO NOT ACCEPT ALL OF THESE TERMS OF USE, THEN PLEASE DO NOT USE ANY OF THE NAEPC SITES. YOU REPRESENT TO US THAT YOU ARE 18 YEARS OF AGE OR OLDER, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO, AND TO ABIDE BY AND COMPLY WITH THESE TERMS OF USE.  IF YOU ARE UNDER THE AGE OF 18, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THESE TERMS OF USE ON YOUR BEHALF BEFORE YOU MAY ACCESS OR USE ANY NAEPC SITE.

  1. Acceptance.  The National Association of Estate Planners & Councils and/or its subsidiaries and affiliated entities, including, without limitation, local chapters and councils (collectively, “NAEPC”, “we”, or “us”) own or operate a network of websites, which includes this website and the websites listed here, as well as the National Association of Estate Planners & Councils mobile application (collectively, the “NAEPC Sites”, and each, an “NAEPC Site”).  These Terms of Use (these “Terms of Use”) set forth the terms and conditions that apply to your use of any NAEPC Site, including access to and use of the publicly available areas and features of such NAEPC Site (“Public Areas”) and any nonpublic areas or features of such NAEPC Site to which you have been granted access as a Registered User (“Restricted Areas”).  Unless otherwise indicated, the term “NAEPC Sites” as used throughout these Terms of Use shall include the Public Areas and any Restricted Areas of an NAEPC Site.  For the purposes of these Terms of Use, “you” or “your” shall refer to you as a visitor of a Public Area of an NAEPC Site or as a Registered User of an NAEPC Site (“User”).  From time to time, NAEPC may supplement these Terms of Use with additional terms pertaining to specific content (“Additional Terms”), which may be placed on an NAEPC Site to be viewed in connection with the specific content, promotions, services, products or events offered through such NAEPC Site.  Such Additional Terms are hereby incorporated by reference into these Terms of Use.

The NAEPC Sites are controlled and offered by NAEPC from its facilities in the United States of America.  NAEPC makes no representations that any NAEPC Site is appropriate or available for use in other jurisdictions.  If you are a non-U.S. resident and you access an NAEPC Site, you do so at your own risk and are responsible for compliance with local laws and regulations.  You may not access, download, use or export any NAEPC Site or Content (as defined below) therein in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.

  1. Changes to these Terms of Use.  NAEPC may modify these Terms of Use at any time and from time to time.  Notification of such modifications will be posted on the NAEPC Sites or otherwise provided to Registered Users by sending an e-mail to the e-mail address(es) last provided to us by them (or by regular mail if there is no such e-mail address on record), and such modified Terms of Use will be effective immediately upon posting.  Your continued use of any NAEPC Site after the posting of the modified Terms of Use constitutes your agreement to abide and be bound by such terms, as modified.  Should you object to any modification, your sole recourse is to terminate your use of the NAEPC Sites.  These Terms of Use may not otherwise be modified, except in a writing signed by both parties.
     
  2. Changes to NAEPC Sites.  NAEPC reserves the right to modify or discontinue any NAEPC Site (or any portion thereof), temporarily or permanently, with or without notice to you, and is not obligated to support or update any of the NAEPC Sites.  NAEPC shall not be liable to you or any third party in the event that NAEPC exercises its right to modify or discontinue any NAEPC Site (or any portion thereof).  Unless explicitly stated otherwise, any new features that augment or enhance an NAEPC Site shall be subject to these Terms of Use.
     
  3. Privacy Policy.  Any personal information provided by you in connection with your use of an NAEPC Site, including, without limitation, any Registration Data (as defined below) you may provide as a Registered User, will be treated in accordance with NAEPC’s Privacy Policy, which is incorporated herein by reference.  Except as expressly described in such Privacy Policy, NAEPC will not disclose any personal information about a User unless authorized by that User or unless NAEPC is required to do so by law or in the good faith belief that such action is necessary to: (a) conform with applicable laws or comply with legal process; (b) protect and defend the rights or property of NAEPC; or (c) enforce these Terms of Use.  Your access and use of any NAEPC Site or Content constitutes your agreement to the Privacy Policy.
     
  4. Suspension or Termination of Use or Access.  Your failure to follow any requirement of these Terms of Use may result in suspension or termination of access to the NAEPC Sites, without notice, in addition to NAEPC’s other remedies.  NAEPC further reserves the right to terminate, without notice and in its sole discretion, any User’s access to or use of any NAEPC Site for any reason.  NAEPC shall not have any liability to you or to any third party in respect of any limitation or suspension of your access to any NAEPC Site.
     
  5. License Grant and Content.  Subject to these Terms of Use, NAEPC hereby grants you a nonexclusive, nontransferable right to: (a) access the NAEPC Sites; and (b) access, download and use the information, materials, text, graphics, images, sound files, animation files, video files, software and any other material or content made available through the NAEPC Sites (the “Content”) for your personal or internal use only; provided, however, that only Registered Users have the right to access and use Restricted Areas of the NAEPC Site(s) for which they are registered.  For the avoidance of doubt, Content does not include any User Generated Content (as defined below).  Unauthorized access to any NAEPC Site, or to the telecommunications or computer facilities used to deliver such NAEPC Site, is a breach of these Terms of Use and is a violation of law.

You will protect Content from unauthorized copying or use.  Modifications of, additions to or deletions from Content are strictly prohibited.  Except as specifically permitted in these Terms of Use, you shall not, directly or indirectly, (i) transfer, sell, sublicense, rent or lease Content; (ii) circumvent any encrypted data or gain access to more content or data than is licensed to you or use any NAEPC Site in any manner which violates these Terms of Use or any applicable laws; (iii) reverse engineer, decompile, disassemble, translate or convert any computer program used to access an NAEPC Site (except as local law may permit without violation of local copyright law); or (iv) copy, reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate, or otherwise modify any Content, or permit any third party to engage in any of the acts proscribed in clauses (i) through (iv).  You agree not to remove or alter any printed or on-screen copyright, trade secret or other legal notices contained on or in any Content.  Reproduction of Content in any form or by any means, including, but not limited to, information storage and retrieval systems, recordings and re-transmittals, use in any timesharing, service bureau, bulletin board or similar arrangement or public display without NAEPC’s prior written permission is forbidden.

Content is protected by copyright and other United States and foreign intellectual property and related laws.  Content includes both material owned or controlled by NAEPC and material owned or controlled by third parties and licensed to NAEPC.  Except for User Generated Content, as between you and NAEPC, title to all Content remains with NAEPC or the third party owners of such Content.  Any use of Content not expressly permitted by these Terms of Use is a breach hereof and may violate copyright, trademark and other laws.  All rights not expressly granted herein are reserved by NAEPC.

  1. Registered User Access.  The Restricted Area of any NAEPC Site is made available to Users that register with such NAEPC Site and who are members of the National Association of Estate Planners & Councils or a local chapter thereof or affiliated regional, as applicable (each, a “Registered User”).  Restricted Areas contain confidential, nonpublic information, and are intended only for the use of the individual or entity that has been specifically authorized by NAEPC to view such information.  In order to use the Restricted Area for which he, she or it has registered, a Registered User must: (a) provide certain current, complete and accurate information about such Registered User on the applicable registration form (“Registration Data”); (b) maintain and update such Registration Data as required to keep information current, complete and accurate; (c) provide all equipment, including a computer and modem, necessary to establish an Internet connection; (d) provide for such Registered User’s own access to the Internet; and (e) pay any telephone, data, hosting or other service fees associated with such access.  NAEPC reserves the right to terminate a Registered User’s account and rights to use any Restricted Area, Content, services, products or events available through an NAEPC Site if any Registration Data provided by such Registered User is untrue, inaccurate, not current or incomplete, or if NAEPC has reasonable grounds to believe that any Registration Data is untrue, inaccurate, not current or incomplete.
     
  2. Username and Password.  A Restricted Area can be accessed by Registered Users who have registered to use such Restricted Area, through a combination of a unique username and password designated to each such Registered User when he, she or it registers to use such Restricted Area.  Registered Users are responsible for maintaining the confidentiality of their username and passwords.  Furthermore, each Registered User is entirely responsible for any and all activities which occur under his, her or its username and password.  Each Registered User agrees to immediately notify NAEPC of any unauthorized use of his, her or its account, username or password or any other breach of security known to such Registered User.  Although NAEPC will not be liable for losses caused by any unauthorized use of a Registered User’s account, username or password, such Registered User may be liable for the losses of NAEPC or others due to such unauthorized use.  A Registered User is solely responsible for (a) any damages or losses incurred by NAEPC or any third party as a result of such Registered User’s failure to maintain the confidentiality of his, her or its username and password; and (b) promptly informing NAEPC in writing of any need to deactivate any username and password due to security concerns.
     
  3. User Conduct.  When using any NAEPC Site, you agree that you will not:
  •  intentionally or unintentionally, violate any applicable local, state, national or international law or regulation;
     
  • defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort, or otherwise violate the legal rights (including, without limitation, rights of privacy and publicity) of any User or NAEPC member or representative;
     
  • impersonate another person or entity, including, but not limited to, another User or NAEPC member or representative, or communicate under a false name or a name that you are not entitled or authorized to use;
     
  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other content posted on any NAEPC Site;
     
  • attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other User accounts, NAEPC servers, NAEPC software, or any areas of NAEPC Sites that are not intended for your access;
     
  • harvest, mine or otherwise collect or store personal information about others, including, without limitation, the e-mail addresses and other content of User profiles; or
     
  • solicit for commercial purposes any other Users, except as expressly authorized by the NAEPC.

Furthermore, if you have the ability to post or submit any information or content to any NAEPC Site, you agree that you will not post or submit for posting on any NAEPC Site:

  • any information or content, unless you have all rights and authority to do so;
     
  • any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening or illegal content or information that NAEPC, in its sole discretion, views as objectionable (including, but not limited to, text, graphics, audio and video files);
     
  • any statements consisting of personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance;
     
  • any surveys, contests, chain letters, pyramid schemes, unnecessarily long messages or repetitive posts, meaningless text, spamming, offensive declarations or other similarly disruptive content;
     
  • any files that contain, or otherwise introduce, viruses, corrupted files or any other similar software, programs or routines that may damage the operation of another’s computer; or
     
  • any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except as expressly authorized by NAEPC.

Violation of any of the above may, at any time without prior notice, result in a warning, temporary limitation or suspension or immediate termination of your account or your access to the NAEPC Sites, reporting of your conduct to authorities, or legal action, as may be appropriate in the sole discretion of NAEPC.  You acknowledge that NAEPC is not responsible for and does not assume any liability for (i) any action or inaction by NAEPC with respect to any User conduct, User communication or User Generated Content on an NAEPC Site, or (ii) Users’ acts or omissions in connection with the use of any of the NAEPC Sites, including, without limitation, with respect to the aforementioned activities.  NAEPC neither endorses your products or services, nor the content of the your communications, postings or data, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by your use of an NAEPC Site.  If you are or become aware of or experience any content, activity or communication through or in connection with any NAEPC Site that appears to be in violation of the above, or in violation of any other provision of these Terms of Use, please inform NAEPC of any such violation by sending notification to admin@naepc.org.

  1. User Generated Content.  Users may have the opportunity to post files, information, data, ideas, remarks, questions, comments, materials or other content on an NAEPC Site (collectively “User Generated Content”) or to submit such User Generated Content for posting on an NAEPC Site.  User Generated Content does not include User Feedback (as defined below).  You understand that, whether or not such User Generated Content is published, NAEPC does not guarantee any confidentiality with respect thereto.  You retain all of your ownership rights in your User Generated Content.  However, by submitting User Generated Content to any NAEPC Site, you hereby grant NAEPC a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable and transferable license to use, host, cache, store, archive, index, reproduce, publicly perform and publicly display such User Generated Content in connection with such NAEPC Site and NAEPC’s business.

You are solely responsible for any User Generated Content that you post or otherwise provide to NAEPC for posting on an NAEPC Site.  You agree that (a) you will not post or submit any information or content  that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the information or content and to grant NAEPC all of the license rights granted herein; and (b) you will not post or submit any information or content that is contrary to applicable local, national, and international laws and regulations.  NAEPC neither endorses nor is responsible for the accuracy or reliability of any User Generated Content posted or otherwise provided on an NAEPC Site.  Under no circumstances will we be liable for any loss or damage of any kind caused by reliance on User Generated Content on an NAEPC Site.  NAEPC reserves the right at all times to refuse to post or to remove any User Generated Content, in whole or in part, that in its sole discretion is inappropriate, objectionable or in violation of these Terms of Use.

  1. Mobile Application.  If you use the National Association of Estate Planners & Councils mobile application (“NAEPC App”) or any mobile device or application to access any of the NAEPC Sites optimized for viewing via a mobile device, the following additional terms and conditions (“Mobile Terms”) also apply to you.  Your access to any NAEPC Site via your mobile device or use of the NAEPC App confirms your agreement to these Mobile Terms, as well as the rest of these Terms of Use.  You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the NAEPC Sites or use the NAEPC App.  All such charges are billed by and payable to your mobile service provider.  You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise.  Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application and/or the mobile application platform.
     
  2. Copyright ComplaintsNAEPC does not permit copyright infringing activities and other infringement of intellectual property rights on any of the NAEPC Sites, and NAEPC will remove content if properly notified that such content infringes on another’s intellectual property rights.  If you are a copyright owner or an agent thereof and believe that any content in any area of an NAEPC Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing NAEPC’s designated Copyright Agent (as defined below) with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
     
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
     
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
     
  • information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and an electronic mail address;
     
  • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
     
  • a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact NAEPC’s designated Copyright Agent at admin@naepc.org to send notifications of claimed infringement.  You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.

  1. User Feedback.  NAEPC is pleased to hear from Users and welcomes your comments regarding the NAEPC Sites.  If you send NAEPC your feedback,  or any creative ideas or suggestions via any NAEPC Site that have not been specifically requested by NAEPC (“User Feedback”), please understand that by submitting such information to NAEPC, you irrevocably assign to NAEPC, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such User Feedback.  NAEPC will be entitled to use any User Feedback for any purpose whatsoever without restriction and without compensating you in any way, and by submitting any such User Feedback, you represent to NAEPC that you have the right to do so.  All User Feedback will be deemed non-confidential, and we shall not be liable for any use or disclosure of any User Feedback.
     
  2. Trademarks.  National Association of Estate Planners & Councils, NAEPC’s logos and other product and service names of NAEPC are trademarks of NAEPC (the “Marks”).  You agree not to display, reproduce or otherwise use in any manner the Marks without NAEPC’s prior written permission.
     
  3. Third Party Links.  The NAEPC Sites may provide links to other web sites or resources.  NAEPC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.  NAEPC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources.  NAEPC provides these links and references to you only as a convenience.  Unless otherwise expressly stated, a link does not imply NAEPC’s endorsement, sponsorship or recommendation of, or affiliation with, the linked site or its content, and NAEPC does not accept any responsibility therefore.
     
  4. Confidential Information.  Any information or other content that is provided by NAEPC or made accessible by NAEPC through a Restricted Area will be considered confidential information of NAEPC.  A Registered User may only use such confidential information in accordance with these Terms of Use.  Such Registered User will take measures to protect NAEPC’s confidential information from disclosure to third parties as it takes to protect its own similar proprietary and confidential information, but no less than a reasonable level of care.  Such Registered User will also return, or at NAEPC’s election destroy (and certify to such destruction), all of NAEPC’s confidential information immediately upon NAEPC’s request, or upon termination of the Registered User’s access to such Restricted Area.  The Registered User is responsible for all unauthorized uses or disclosures of NAEPC’s confidential information by any person or entity to whom such Registered User discloses such confidential information.  Each Registered User agrees that any actual or threatened breach of this paragraph would cause irreparable harm to NAEPC, that money damages will not provide an adequate remedy and that NAEPC is entitled to seek (without limiting any other rights or remedies) an injunction or other equitable relief in addition to any other remedy or recourse available to NAEPC under these Terms of Use, at law or in equity, and such Registered User waives the posting of any bond or surety.
     
  5. No Professional Advice.  The information provided on the NAEPC Sites is intended to offer general guidelines on matters of estate planning, financial planning and management to everyone.  The application and impact of tax laws and financial matters can vary widely, based upon the specific or unique facts involved. Accordingly, the information on the NAEPC Sites is not intended to serve as legal, accounting, investment or tax advice.  Users are encouraged to consult with professional advisors concerning specific matters before making any decision, and NAEPC disclaims any responsibility for Users’ reliance on any such information provided on an NAEPC Site.  None of the NAEPC Sites are intended to replace legal, tax, financial, investment or insurance advisors, nor does NAEPC recommend any actions or specific investments or financial products for you.  NAEPC is not serving as your professional advisor, and nothing in these Terms of Use nor your use of any NAEPC Site shall be construed as constituting such a relationship.
     
  6. Disclaimers.  USE OF THE NAEPC SITES IS AT USER’S SOLE RISK.  THE NAEPC SITES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS.  NAEPC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO REPRESENTATIONS AND WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF THE NAEPC SITES OR CONTENT, AS TO THE AVAILABILITY OF THE NAEPC SITES AT ANY PARTICULAR TIME OR LOCATION, AS TO THE CORRECTION OF ANY DEFECTS OR ERRORS IN THE NAEPC SITES, OR THAT CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  NAEPC CANNOT AND DOES NOT GUARANTEE THAT CONTENT AVAILABLE FOR DOWNLOADING WILL BE FREE OF INFECTION BY VIRUSES OR OTHER HARMFUL COMPUTER CODE, FILES OR PROGRAMS.  NAEPC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.  NAEPC MAKES NO WARRANTY THAT THE NAEPC SITES WILL MEET USER’S REQUIREMENTS OR THAT THE NAEPC SITES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, NOR DOES NAEPC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NAEPC SITES.

ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY NAEPC SITE IS DONE AT USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM NAEPC OR THROUGH ANY NAEPC SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.  ACCORDINGLY, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO USERS.

  1. Limitation of LiabilityUNDER NO CIRCUMSTANCES SHALL NAEPC OR ANY OF ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE TO USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OF USE, THE USE OR THE INABILITY TO USE ANY NAEPC SITE OR ANY CONTENT THEREIN, ANY PRODUCT OR SERVICES PROVIDED THROUGH AN NAEPC SITE, UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF USER’S DATA, OR FAILURE OF ANY SITE TO STORE USER’S DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER INTANGIBLE PROPERTY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.  YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE NAEPC AND ITS THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY NAEPC SITE AND ITS SERVICES OR CONTENT.

  1. Indemnification.  You agree to indemnify, defend and hold NAEPC and each of its officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney's fees) resulting from (a) your use, misuse or abuse of any NAEPC Site or Content, (b) your breach of any provision of these Terms of Use, (c) your use, or the use by any other person, of your username or password for any Restricted Area, (d) your violation of any third party right, including without limitation any copyright, intellectual property or privacy right or (e) any claim that your User Generated Content caused damage to a third party.  NAEPC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you under this paragraph, and you shall not in any event settle any matter without written consent of NAEPC.  You will cooperate as fully as reasonably required in NAEPC’s defense of any claim.
     
  2. Security.  NAEPC maintains physical, electronic, and procedural safeguards that are designed to protect the NAEPC Sites, our systems and our members’ personal information.  Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure.  While NAEPC strives to protect your personal information, NAEPC cannot ensure or warrant the security of any information or content that you transmit to us, and you do so at your own risk.  In the event of a breach of the confidentiality or security of your personal information, NAEPC will notify you as necessary so you can take appropriate protective steps.
     
  3. Electronic Communications.  When you visit any NAEPC Site or send emails to NAEPC, you are communicating with NAEPC electronically.  You consent to receive communications from NAEPC electronically.  NAEPC may communicate with you by email or by posting notices on the NAEPC Sites.  You agree that all agreements, notices, disclosures and other communications that NAEPC provides to you electronically satisfy any legal requirement that such communications be in writing.
     
  4. Notices.  Any notice or other communication required or permitted to be made under these Terms of Use may be delivered in person, by facsimile, by United States certified or registered mail, by a nationally-recognized overnight courier or, as provided below, by electronic means.  Except as otherwise provided herein, a notice shall be effective (a) upon receipt, if delivered in person; (b) upon receipt (confirmed by automatic receipt of transmission), if sent by facsimile during normal business hours; (c) three (3) days after deposit into the United States mail, if sent by certified or registered mail; (d) upon confirmation of delivery, if sent by overnight courier; and (e) as provided below, if sent by other electronic means.  In each case, such notice to any party shall be made to the address of such party (i) in the case of NAEPC, indicated below, (ii) in the case of a Registered User, indicated in the applicable registration form or (iii) in the case of any other User, as otherwise provided by such User.  User shall notify NAEPC of a change of its address for receiving notices in accordance with this paragraph.  Notwithstanding anything to the contrary set forth in this paragraph, any notice or other communication required or permitted to be made by NAEPC under these Terms of Use may be delivered electronically in accordance with the preceding paragraph.
     
  5. Assignment.  You shall not assign or otherwise transfer these Terms of Use, in whole or in part, or delegate or subcontract any of your rights or obligations hereunder, without NAEPC’s prior written consent.  Any attempted transfer or delegation by you without NAEPC’s consent will be void.  These Terms of Use will bind and inure to the benefit of each party’s successors and permitted assigns.
     
  6. Governing Law and Jurisdiction.  By accessing and using any NAEPC Site or Content, you agree with NAEPC that all matters arising from or relating to the use and operation of such NAEPC Site or Content will be governed by and interpreted in accordance with the laws of the State of Delaware, without reference to its principles of conflicts of law.  The parties hereby consent to the non-exclusive jurisdiction of any local, state or federal court located within the State of Delaware.  The parties waive personal service of any and all process and agree that all such service of process may be made by certified or registered mail, return receipt requested, directed to such party, at the address indicated in Section 23.  TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY SUIT OR PROCEEDING ARISING UNDER OR RELATING TO THESE TERMS OF USE.
     
  7. Waivers, Severability and Integration.  No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy.  No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth.  These Terms of Use constitute the entire agreement of the parties with respect to the matters contemplated hereby.  The invalidity or unenforceability of any one or more provisions of these Terms of Use shall not affect the validity or enforceability of its remaining provisions.
     
  8. No Third Party RightsThese Terms of Use do not create rights enforceable by any third party.
     
  9. Acknowledgment and Contact Information.  You acknowledge that you have read and understand these Terms of Use, and that these Terms of Use have the same force and effect as a signed agreement.  If you have any questions about these Terms of Use or this NAEPC Site, please feel free to contact us at:

National Association of Estate Planners & Councils
1120 Chester Avenue, Suite 470
Cleveland, OH 44114
http://www.naepc.org
Phone: (866) 226-2224
Fax: (216) 696-2582
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E-mail: admin@naepc.org