Terms of Service for Attorney with Free Membership and Attorney Members of the Academy of Living Trust Plus Attorneys
These Terms of Service ("Agreement") govern your free access to and use of the private membership areas ("Membership Area") of the website and all of the materials such as books, treatises, etc. available thereon; this Agreement also governs your paid access, if you join the Academy of Living Trust Plus Attorneys, to the use of the private Membership Area of the website and all of the materials such as treatises, lessons, etc. and to the use of the document assembly software owned and operated by Elder Law Institute for Training and Education, LLC (ELITE), located at 10640 Main St., Suite 200, Fairfax, VA, 22030. ELITE is a private Virginia Corporation whose primary owner is Certified Elder Law Attorney Evan Farr and is therefore loosely affiliated with the Farr Law Firm, A Professional Corporation (Farr Law Firm), whose primary owner is also Certified Elder Law Attorney Evan Farr. When you deal with ELITE, you may deal with attorneys and/or other staff members of the Farr Law Firm. ELITE, the Farr Law Firm and its employees, and attorney Evan Farr, shall hereafter be referred to as "ELITE and Associates." By accessing or using the Membership Areas, you agree to be bound by this Agreement.
Membership Area Access
1.1 Attorney Membership Account: The Attorney Membership Area is intended for licensed attorneys who practice in the field of Elder Law and Estate Planning ("Attorneys"). Attorneys may purchase a yearly subscription to access document assembly software, lessons, trust diagrams/flowcharts, other premium content and resources, and limited email access to attorney Evan Farr. By accessing or using the Attorney Membership Account, you represent and warrant that you are a duly licensed attorney, authorized and in good standing to practice law in at least one U.S. jurisdiction.
1.2 Account Creation: To access the Attorney Membership Area, you are required to create an account. You must provide accurate, complete, and up-to-date information during the registration process. You are solely responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify ELITE immediately of any unauthorized use of your account or any other breach of security.
1.4 Termination of Access: ELITE reserves the right to terminate or suspend your access to the Membership Areas at any time, without notice or liability, for any reason, including if you violate any provision of this Agreement.
Use of Membership Areas
2.1 License: Subject to your compliance with this Agreement, ELITE grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Membership Areas and the software provided for their intended purposes as described in Sections 1.1 and 1.2.
2.2 Prohibited Activities: You agree not to engage in any of the following activities:
a) Violating any applicable laws or regulations;
b) Uploading, transmitting, or distributing any content that is unlawful, harmful, abusive, obscene, or otherwise objectionable;
c) Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
d) Interfering with or disrupting the operation of the Membership Areas or servers or networks connected to the Membership Areas;
e) Gaining unauthorized access to any portion or feature of the Membership Areas or any other systems or networks connected to the Membership Areas;
f) Collecting or storing personal information about other users without their consent;
g) Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Membership Areas.
2.3 Content Ownership: The Membership Areas may contain materials, including but not limited to text, graphics, images, videos, and other content provided by the Website Owner or third parties ("Content"). All Content is the property of ELITE and Associates and is protected by applicable intellectual property laws. You may not modify, reproduce, distribute, display, or create derivative works of any Content without the express written permission of the respective owners.
Affirmation of Attorney Status
By accessing the Attorney Membership Account, you hereby affirm, under penalty of perjury, that you are a duly licensed attorney, authorized and in good standing to practice law in at least one jurisdiction, and that you practice regularly in the fields of Estate Planning and Elder Law. This affirmation shall serve as a representation and warranty made by the accessing attorney regarding the attorney's professional qualifications and eligibility to access and utilize the Attorney Membership Account. ELITE reserves the right to request and verify supporting documentation to confirm the attorney's licensure status.
Disclaimer of Liability
4.1 No Legal Advice: The Content provided in the Membership Areas is for informational purposes only and does not constitute legal advice. Neither ELITE does not guarantee the accuracy, completeness, or timeliness of the information presented. The use of the Membership Areas does not create an attorney-client relationship between attorneys and the Website Owner, or between Users and the Website Owner.
4.2 Use at Your Own Risk: Your use of the Membership Areas and its Content, including the document assembly software provided to members of the Academy of Living Trust Plus Attorneys, is at your sole risk. ELITE and Associates disclaim all warranties, express or implied, regarding the Membership Areas and its Content, including the document assembly software provided to members of the Academy of Living Trust Plus Attorneys, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
4.3 Limitation of Liability: In no event shall the Website Owner be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use or inability to use the Membership Areas, even if advised of the possibility of such damages.
Modifications and Termination
5.1 Modifications: ELITE and Associates reserve the right to modify, suspend, or discontinue the Membership Areas or the document assembly software or any part thereof at any time, with or without notice. ELITE and Associates shall not be liable to you or any third party for any such modifications, suspension, or discontinuation.
5.2 Termination: Either party may terminate this Agreement at any time for any reason. Upon termination, your access to the Membership Areas will be terminated, and you must immediately cease all use of the Membership Areas and any Content obtained through them.
Governing Law and Dispute Resolution
6.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located the Commonwealth of Virginia.
6.2 Dispute Resolution: In the event of any dispute arising out of or relating to this Agreement, the parties agree to first attempt to resolve the dispute through good-faith negotiations. If the dispute cannot be resolved through negotiations, either party may seek remedies available under applicable law.
Miscellaneous
7.1 Entire Agreement: This Agreement constitutes the entire agreement between you and ELITE and Associates regarding the subject matter herein and supersedes all prior or contemporaneous communications, whether oral or written.
7.2 Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
7.3 Waiver: The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision.
7.4 Assignment: You may not assign or transfer any rights or obligations under this Agreement without the prior written consent of ELITE. ELITE may freely assign or transfer this Agreement without restriction.
By accessing or using the Membership Areas and/or using the document assembly software, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with any provision of this Agreement, you should not access or use the Membership Areas and you should not use the document assembly software.
If you have any questions or concerns regarding this Agreement, please contact
Elder Law Institute for Training and Education, LLC
10640 Main St, Suite 200, Fairfax VA 22030
evan@farrlawfirm.com
Date of Last Revision: July 7, 2024
Website: https://www.livingtrustplus.com