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WEBSITE TERMS AND CONDITIONS   

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By using the Carolina Estate Planning website, located at https://www.carolinaestateplanning.com (the “Site”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations. In these Terms of Use, the words “you” and “your” refer to each Site visitor or person purchasing legal services from the Site. The words, “Carolina Estate Planning” and the “Firm” refer to The Law Office of Jeffrey Bloomfield, PLLC, a North Carolina professional limited liability company doing business as Carolina Estate Planning, and “Services” refers to all services provided by the Firm. Please note that the purchase of legal services from the Firm is subject to a separate Service Engagement Agreement.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please immediately exit the Site. The Firm may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact the Firm. The Firm encourages you to separately review its Privacy Policy, which is incorporated herein by reference.

This Site is not intended to create any attorney-client relationship, and your use of the Site does not and will not create an attorney-client relationship between you and Carolina Estate Planning.

  1. Privacy Policy.

Carolina Estate Planning respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Firm’s current Privacy Policy can be found by clicking here. The Privacy Policy is expressly incorporated into this Agreement by reference.

When you open an account to use or access certain portions of the Site or the Services, you must provide complete and accurate information as requested on various forms. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify the Firm immediately of any unauthorized use of your account, user name or password. The Firm shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by the Firm, our affiliates, members, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

In connection with the use of the Firm’s services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to the Firm’s Privacy Policy. In addition, you grant Carolina Estate Planning a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by Carolina Estate Planning at any time by removing your personal information from the applicable service.

  1. Ownership.

This Site is owned and operated by The Law Office of Jeffrey L. Bloomfield, PLLC D/B/A Carolina Estate Planning. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by the Firm or by its respective third-party authors, developers or vendors (“Third Party Providers”), or by an affiliate of the Firm. Except as otherwise expressly provided by the Firm, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of the Firm’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. The Firm does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by the Firm and any rights not expressly granted herein are reserved by the Firm.

  1. Limited Permission to Download.

The Firm hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

  1. Links to Third Party Sites.

This Site may contain links to websites controlled by parties other than the Firm (each a “Third Party Site”). The Firm is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Site, any website accessed from a Third-Party Site or any changes or updates to such sites. The Firm makes no guarantees about the content or quality of the products or services provided by such sites. The Firm is not responsible for webcasting or any other form of transmission received from any Third-Party Site. The Firm provides these links to you solely as a convenience, and the inclusion of any link does not imply endorsement by the Firm of the Third-Party Site, nor does it imply that the Firm sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third-Party Site and agree that the Firm is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third-Party Site if you have any concerns regarding such links or the content located on any such Third-Party Site.

  1. License to Use. 

The Firm grants you a limited, personal, non-exclusive, non-transferable license to use the forms and documents that you may purchase as a Service from the Firm (subject to the Service Engagement Agreement) (the “Forms”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.

  1. Restrictions on Use

No person under the age of 18 may use or access any portion of this Site. Additionally, as a condition of your use of this Site and/or registration with the Site, You agree that: i) You will only use this Site and/or any of the Materials for personal, non-commercial purposes; or ii) You will not use this Site or any Materials in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; or iii) You will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with another person’s use and enjoyment of the Site, including uploading or introducing files that contain viruses, corrupted files, or any other similar software or other applications or programs that cause damage or interference with any computer, server or network; or iv) You will not engage in any unauthorized use of any Materials in a manner that violates copyright laws, trademark laws or the laws of privacy and publicity of another; or v) You will not use any data mining, robots, engage in any “harvesting” or similar data gathering or extraction methods in connection with this Site; or vi) You will not otherwise engage in any hacking or attempt to gain unauthorized access to any portion of this Site. Use of this Site for any of the foregoing reasons is strictly prohibited.

  1. Resale of Forms Prohibited. 

By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of Carolina Estate Planning.

  1. Additional Terms. 

Some of the Firm’s Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.

  1. NO WARRANTY.

THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE FIRM MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY MATERIALS OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE FIRM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

IF YOU ARE A LEGAL CLIENT OF THE FIRM, SOME OF THE WARRANTY DISCLAIMERS DESCRIBED HEREIN MAY NOT APPLY TO YOU TO THE EXTENT THE FIRM IS PROVIDING LEGAL SERVICES TO YOU THROUGH THE SITE.

  1. LIMITATION OF LIABILITY AND INDEMNIFICATION.

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD THE FIRM AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM YOUR USE OF THE SITE AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THE FIRM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOU ARE A LEGAL CLIENT OF THE FIRM, THE LIMITATION OF LIABILITY AND INDEMNIFICATION DESCRIBED HEREIN DOES NOT APPLY TO YOU TO THE EXTENT CAROLINA ESTATE PLANNING IS PROVIDING LEGAL SERVICES TO YOU THROUGH THE SITE.

  1. Unsolicited Submissions.

Except as may be required in connection with your purchase or use of the Firm’s Services, Carolina Estate Planning does not want you to submit confidential or proprietary information through this Site. All comments, feedback, information or material submitted to the Firm through or in association with this Site shall be considered non-confidential and shall be the property of the Firm. By providing such submissions to the Firm you hereby assign, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith to the Firm. The Firm shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

  1. Refund Policy. 

The Firm’s refund policy for the Services that you may purchase through the Site is separately described in the Service Engagement Agreement, and provides that a client is entitled to a refund only if (1) the legal work is not completed in a commercially reasonable period of time, in which event a proportionate refund may be owed, or (2) it can be demonstrated that the flat fee is clearly excessive under the circumstances, in accordance with Rule 1.5(a) of the North Carolina Rules of Professional Conduct. Any delays caused by third parties or your delay in cooperating with the Firm with regard to the Services shall extend the time period for the Firm to either start work or finish the work in a commercially reasonable period of time.

  1. Intellectual Property DISCLAIMER

Any references made on the Site to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between the Firm and the owner of any referenced trademark, trade name, service mark, or with any specific good or service referenced on this Site. The Firm does not endorse or recommend any services or products referenced on this Site unless otherwise expressly stated, however they may be referenced or identified.

  1. Inappropriate Content.

When accessing the Site, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. The Firm reserves the right to terminate or delete such material from its servers. The Firm will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

  1. Customers Needing Extra Assistance.

Carolina Estate Planning aims to provide full access to the Site and service offerings regardless of disability. If you are unable to read any part of the Carolina Estate Planning Site, or otherwise have difficulties using the Carolina Estate Planning Site, please call 336-221-4457 for additional assistance.

  1. Venue and Choice of Law.

Any and all claims, demands, controversies or proceedings arising out of or related to this Agreement and/or your use of this Site shall be brought exclusively in a state or federal court situated in Forsyth County, North Carolina, and you hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, you waive any right to challenge the selection and choice of jurisdiction and you acknowledge that the right of selection of jurisdiction being waived by you to Carolina Estate Planning is a valid part of the consideration of allowing access to and use of this Site by you. These provisions of this Agreement are to be governed and construed in all respects by the laws of the State of North Carolina, without regard to conflict of laws principles.

  1. Copyrights.

All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2018 The Law Office of Jeffrey L. Bloomfield PLLC D/B/A Carolina Estate Planning. ALL RIGHTS RESERVED.

  1. Trademarks. 

Carolina Estate Planning, logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of The Law Office of Jeffrey L. Bloomfield PLLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

  1. Inquiries.

BY USING THE FIRM’S SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO THE FIRM VIA THE SITE CONSTITUTES AN INQUIRY TO THE FIRM, AND THAT THE FIRM MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

  1. Right to Refuse.

You acknowledge that the Firm reserves the right to refuse service to anyone and to cancel user access at any time.

  1. Acknowledgement.

BY USING CAROLINA ESTATE PLANNING’S SERVICES OR ACCESSING THE CAROLINA ESTATE PLANNING SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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