Utah Trust & Estate Educational Resource Center
Site Terms and Conditions of Use
Effective: April 1, 2012
1. User’s Acknowledgment and Acceptance of Terms
Utah Estate Education, LLC, a Utah limited liability company (“us”, “we,” or “our”) provides the Utah Trust & Estate Educational Resource Center through the urls utahtrustsandestates.com, utahestateplanning.org, and utahestateplanning.net (collectively, the “Site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular materials on this Site, users shall be subject to any posted rules applicable to such materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THAT PARTICULAR CONTENT. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Use are effective as of April 1, 2011. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our “Affiliates” include our owners, affiliated companies, officers, directors, licensors, partners, sponsors, advertisers, all parties involved in creating, producing, and/or delivering this Site and/or its contents, and all owners and licensors of copyrighted material appearing on this Site, and includes, without limitation, (i) Robert S. Tippett; (ii) UNLEPI, LLC, a Utah limited liability company; (iii) UNCATEI, LLC, a Utah limited liability company; (iv) ULTEA, LLC, a Utah limited liability company; and (v) ULTEB, LLC, a Utah limited liability company.
2. Description of Services
We provide users with a collection of public and subscription-based online resources (the “Content”) which includes The Utah Law of Trusts & Estates, a legal reference treatise, estate planning information for non-lawyers, and other information related to estate planning. You are responsible for providing, at your own expense, all equipment necessary to use the Services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the Site, including any of the Site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use.
3. No Attorney-Client Relationship
NO material on any page of this Site is legal advice. NO material on this Site creates an attorney-client or any other relationship between the user and us, Robert S. Tippett or Bennett Tueller Johnson & Deere, P.C. Users should contact an attorney in their jurisdiction for legal advice applicable to their particular situation.
4. Member Registration and Access; No Account Sharing
If you register to access the subscription-based content on the Site, you will be assigned a user name and an initial password in order to access that portion of the Content. You agree to provide us with true, accurate, complete and updated registration information. By registering for a member account, you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning, if we believe that you are under 13 years of age. You are responsible for safeguarding the confidentiality of your password(s) and user name(s), and are solely liable for any use or misuse of your account or of the Site resulting from any third party using your password or user name. You are not to share your login credentials with any third party or allow a third party to access the subscription-based content if such third party has not also paid to access such materials. You agree to notify us immediately of any unauthorized use of your account, user name, or password, or of any other breach of security. We reserve the right to access the Content using your user name and password for site maintenance, repair, testing and similar purposes. We also reserve the right, in our sole discretion, to deny access to the Site or any portion thereof to any user without notice.
5. Privacy Policy
Subscribers to the Site should refer to our Privacy Policy for information about how we collect and use information. By accepting these Terms of Use, you consent to the collection, use and disclosure of your personal information in the manners described in our Privacy Policy, which is incorporated into these Terms of Use by this reference. As more fully discussed in the Privacy Policy, you agree that we may share personally identifiable information about our users with third parties, including: (1) with your consent or as otherwise stated in the Privacy Policy; (2) when we have a good faith belief it is necessary pursuant to a subpoena or other judicial or administrative order; (3) where required by law; or (4) at our sole discretion, where we deem necessary to respond to claims, to protect the safety of any individual or the public, or to protect our rights or property or that of any third party.
6. Proprietary Rights
The Content is protected to the maximum extent permitted by copyright, trademark and other intellectual property laws and international treaties. You acknowledge and agree that all Content is protected by copyright, trademark and other intellectual property laws and by international conventions. You further agree not to modify, copy, create derivative works from, reproduce, republish, upload, post, transmit, sell or distribute any aspect of the Site or the Content in violation of applicable copyright and other intellectual property laws, and agree to abide by any and all copyright notices displayed on the Site. You may not use or distribute any Content received through the Site without the authorization of the Content owner, except for your personal, non-exclusive, non-commercial use. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. Without in any way waiving any of the foregoing rights, you may print copies of the Content for local use, provided you do not delete or change any copyright, trademark or other proprietary notices.
“The Utah Trust & Estate Educational Resource Center” is a trademark or service mark of Utah Estate Education, LLC. You agree not to display or use these marks in any manner without our prior express permission.
7. Content
You agree that you must evaluate, and bear all risks associated with the use of, any Content, that you may not rely on said Content, and that under no circumstances will we or our Affiliates be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content.
8. Linking
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from the Site, or sites linking to this Site. The linked sites are not under our control. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving the Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
9. Conduct on Site
Your use of the Site is subject to all applicable laws and regulations. The Site is for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us. The following activities are expressly prohibited: (i) any use of the Site, which in our sole discretion, degrades the reliability, speed, or operation of the Site or any underlying hardware or software thereof, and (ii) any use of the Site which is unlawful or in violation of these Terms of Use. If you violate any part of these Terms of Use, your permission to access and/or use the Content and Site automatically terminates and you must immediately destroy any copies you have made of the Content.
10. Termination
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our Site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. Should you object to these Terms of Use or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and terminate your account. You agree that we are not liable to you or any third party for any termination of your account or access to the Site.
11. Disclaimer of Warranties
ALL CONTENT ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT, INCLUDING THE PRICES FOR ANY SERVICE AT ANY TIME WITHOUT NOTICE. THE CONTENT MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE THE CONTENT.
THE USE OF THE CONTENT OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, THE CONTENT OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnification
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. These obligations will survive any termination of these Terms of Use.
14. International Use
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
15. Governing Law
This Site (excluding any linked sites) is controlled by us from our offices within the Utah, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Utah, by accessing this Site both of us agree that the statutes and laws of the State of Utah, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of the services available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Utah with respect to such matters.
16. Miscellaneous
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
17. Contact Information
Except as explicitly noted on this Site, the Content and services available through this Site are offered by Utah Estate Education, LLC, a Utah limited liability company, which can be contacted by going to the Offer Comments section of this website and submitting a message. We can also be contacted at (435) 640-7350.