The following terms and conditions govern all use of the Estate Planning Council of Portland website and all content, services and products available at or through the website (taken together, the "Website").
The Website is owned and operated by Estate Planning Council of Portland. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Website by Estate Planning Council of Portland (collectively, the "Agreement"). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Estate Planning Council of Portland, acceptance is expressly limited to these terms.
1. General Legal Notice and Disclaimer. Access to the Information contained on this Website is provided by Estate Planning Council of Portland as a service to its members and nonmenbers. References to any product, process, or service do not constitute or imply endorsement or recommendation by Estate Planning Council of Portland. White Estate Planning Council of Portland makes every effort to present accurate and reliable information this Website, Estate Planning Council of Portland does not approve or certify such information nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Use of such information is voluntary and reliance on it should only be undertaken after an independent review of its applicability, accuracy, completeness, efficacy, and timeliness with regard to specific needs and uses. Estate Planning Council of Portland (including its officers, directors, employees, and agents) is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on the information available through this Website. No approvals, recommendations, endorsements, guarantees, or warranties, including, without limitation, any express or implied warranties of merchantability or fitness for any particular use or purpose of products or services named on this Website are made by Estate Planning Council of Portland.
2. Your Account. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Estate Planning Council of Portland may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Estate Planning Council of Portland liability. You must immediately notify Estate Planning Council of Portland of any unauthorized uses of your account or any other breaches of security. Estate Planning Council of Portland will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
3. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, &ldqu o;Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous, defamatory, threatening, abusive, illegal, hateful or racially, ethnically, or otherwise objectionable, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Estate Planning Council of Portland or otherwise.
By submitting Content to Estate Planning Council of Portland for inclusion on the Website, you grant Estate Planning Council of Portland a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Estate Planning Council of Portland will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.Without limiting any of those representations or warranties, Estate Planning Council of Portland has the right (though not the obligation) to, in Estate Planning Council of Portland’s sole discretion (i) refuse or remove any Content that, in Estate Planning Council of Portland’s reasonable opinion, violates any Estate Planning Council of Portland policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Estate Planning Council of Portland’s sole discretion. Estate Planning Council of Portland will have no obligation to provide a refund of any amounts previously paid.
4. Fees and Payment. Optional premium paid services are available on the Website. By selecting a premium service you agree to pay Estate Planning Council of Portland the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
5. VIP Services.
- Fees; Payment. By signing up for a premium account you agree to pay Estate Planning Council of Portland the setup fees and monthly hosting fees indicated at epcportland.org in exchange for the services listed at epcportland.org. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Estate Planning Council of Portland reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on 30 days written notice to Estate Planning Council of Portland.
- Support. VIP Services include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Estate Planning Council of Portland to respond within one business day) concerning the use of the Services. “Priority” means that support for Services customers takes priority over support for users of the standard, free services. All Services support will be provided in accordance with Estate Planning Council of Portland standard Services practices, procedures and policies.
6. Responsibility of Website Visitors. Estate Planning Council of Portland has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Estate Planning Council of Portland does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Estate Planning Council of Portland disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
7. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which epcportland.org links, and that link to epcportland.org. Estate Planning Council of Portland does not have any control over those non-epcportland.org websites and webpages, and is not responsible for their contents or their use. By linking to a non-epcportland.org website or webpage, Estate Planning Council of Portland does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Estate Planning Council of Portland disclaims any responsibility for any harm resulting from your use of non-Estate Planning Council of Portland websites and webpages.
8. Copyright Infringement and DMCA Policy. As Estate Planning Council of Portland asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by epcportland.org violates your copyright, you are encouraged to notify Estate Planning Council of Portland in accordance with Estate Planning Council of Portland’s Digital Millennium Copyright Act (”DMCA”) Policy. Estate Planning Council of Portland will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Estate Planning Council of Portland or others, Estate Planning Council of Portland may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Estate Planning Council of Portland will have no obligation to provide a refund of any amounts previously paid to Estate Planning Council of Portland.
9. Intellectual Property. This Agreement does not transfer from Estate Planning Council of Portland to you any Estate Planning Council of Portland or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Estate Planning Council of Portland. Estate Planning Council of Portland, epcportland.org, and all other trademarks, service marks, graphics and logos used in connection with epcportland.org, or the Website are trademarks or registered trademarks of Estate Planning Council of Portland or Estate Planning Council of Portland’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Estate Planning Council of Portland or third-party trademarks.
10. Changes. Estate Planning Council of Portland reserves the right, at its sole discretion, to modify, amend, or replace any part of this Agreement at any time, for any reason, without notice to you, other than the posting of the amended Agreement at this Website. It is your responsibility to check this Agreement periodically for changes. The provisions contained herein supersede all previous notices or policies regarding the terms and conditions that govern use of this Website. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Estate Planning Council of Portland may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
11. Termination. Estate Planning Council of Portland may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Services account, such account can only be terminated by Estate Planning Council of Portland if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Estate Planning Council of Portland’s notice to you thereof; provided that, Estate Planning Council of Portland can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties. The Website is provided “as is”. Estate Planning Council of Portland and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Estate Planning Council of Portland nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
13. Limitation of Liability. In no event will Estate Planning Council of Portland, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to Estate Planning Council of Portland under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Estate Planning Council of Portland shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
15. Indemnification. You agree to defend, indemnify, and hold harmless: 1) Estate Planning Council of Portland; 2) its contractors and its licensors; and 3) their respective directors, officers, employees, agents, and servants (collectively, the "Indemnified Parties") from and against any and all loss, direct or consequential damage, cost, expense, claim, or other liability of any kind whatsoever (including attorney fees), actual or alleged, caused by, arising out of, resulting from, or occurring in whole or in part in connection with your use of the Website, whether or not caused in part by an act or failure to act, active or passive negligence, breach of this Agreement, or other fault of any of the indemnified Parties. You further agree to reimburse Estate Planning Council of Portland for any and all costs and expenses of any kind whatsoever (including attorney fees) incurred in connection with any and all claims or allegations, asserted or unasserted, which are subject to this provision.
16. Miscellaneous. This Agreement constitutes the entire agreement between Estate Planning Council of Portland and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Estate Planning Council of Portland, or by the posting by Estate Planning Council of Portland of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Oregon, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Multnomah County, Oregon. By use of the Website, you consent and submit to jurisdiction of any local, state, or federal court located in Multnomah County, Oregon. The prevailing party in any suite, action, arbitration, or other legal proceeding of any nature whatsoever, relating to this Agreement, or any of the rights or obligations under this Agreement, shall be entitled to recover from the losing party its reasonable attorney, paralegal, and other professional fees, as well as any and all other fees, costs, and expenses of any kind actually incurred and reasonably necessary in connection herewith, as determined by the judge or arbitrator at trial or other proceeding, and including such fees, costs, and expenses incurred in any appellate or review proceeding, or in collecting any judgment or award, or enforcing any decree rendered with respect thereto, in addition to all other amounts provided for by law. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Estate Planning Council of Portland may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.