The EPC Rochester Sites are controlled and offered by EPC Rochester from its facilities in the United States of America. EPC Rochester makes no representations that any EPC Rochester Site is appropriate or available for use in other jurisdictions. If you are a non-U.S. resident and you access an EPC Rochester 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 EPC Rochester 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.
7. Registered User Access. The Restricted Area of any EPC Rochester Site is made available to Users that register with such EPC Rochester Site and who are members of the Estate Planning Council of Rochester 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 EPC Rochester 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. EPC Rochester 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 EPC Rochester Site if any Registration Data provided by such Registered User is untrue, inaccurate, not current or incomplete, or if EPC Rochester has reasonable grounds to believe that any Registration Data is untrue, inaccurate, not current or incomplete.
8. 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 EPC Rochester 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 EPC Rochester 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 EPC Rochester or others due to such unauthorized use. A Registered User is solely responsible for (a) any damages or losses incurred by EPC Rochester 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 EPC Rochester in writing of any need to deactivate any username and password due to security concerns.
9. User Conduct. When using any EPC Rochester 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 EPC Rochester member or representative;
impersonate another person or entity, including, but not limited to, another User or EPC Rochester 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 EPC Rochester Site;
attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other User accounts, EPC Rochester servers, EPC Rochester software, or any areas of EPC Rochester 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 EPC Rochester.
Furthermore, if you have the ability to post or submit any information or content to any EPC Rochester Site, you agree that you will not post or submit for posting on any EPC Rochester 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 EPC Rochester, 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 EPC Rochester.
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 EPC Rochester Sites, reporting of your conduct to authorities, or legal action, as may be appropriate in the sole discretion of EPC Rochester. You acknowledge that EPC Rochester is not responsible for and does not assume any liability for (i) any action or inaction by EPC Rochester with respect to any User conduct, User communication or
10. User Generated Content. Users may have the opportunity to post files, information, data, ideas, remarks, questions, comments, materials or other content on an EPC Rochester Site (collectively “User Generated Content”) or to submit such User Generated Content for posting on an EPC Rochester Site. User Generated Content does not include User Feedback (as defined below). You understand that, whether or not such User Generated Content is published, EPC Rochester 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 EPC Rochester Site, you hereby grant EPC Rochester 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 EPC Rochester Site and EPC Rochester’s business.
12. Copyright Complaints. EPC Rochester does not permit copyright infringing activities and other infringement of intellectual property rights on any of the EPC Rochester Sites, and EPC Rochester 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 EPC Rochester Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing EPC Rochester’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 EPC Rochester’s designated Copyright Agent at admin@EPC Rochester.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.
13. User Feedback. EPC Rochester is pleased to hear from Users and welcomes your comments regarding the EPC Rochester Sites. If you send EPC Rochester your feedback, or any creative ideas or suggestions via any EPC Rochester Site that have not been specifically requested by EPC Rochester (“User Feedback”), please understand that by submitting such information to EPC Rochester, you irrevocably assign to EPC Rochester, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such User Feedback. EPC Rochester 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 EPC Rochester 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.
14. Trademarks. Estate Planning Council of Rochester, EPC Rochester’s logos and other product and service names of EPC Rochester are trademarks of EPC Rochester (the “Marks”). You agree not to display, reproduce or otherwise use in any manner the Marks without EPC Rochester’s prior written permission.
15. Third Party Links. The EPC Rochester Sites may provide links to other web sites or resources. EPC Rochester 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. EPC Rochester 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. EPC Rochester provides these links and references to you only as a convenience. Unless otherwise expressly stated, a link does not imply EPC Rochester’s endorsement, sponsorship or recommendation of, or affiliation with, the linked site or its content, and EPC Rochester does not accept any responsibility therefore.
18. Disclaimers. USE OF THE EPC Rochester SITES IS AT USER’S SOLE RISK. THE EPC Rochester SITES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. EPC Rochester 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 EPC Rochester SITES OR CONTENT, AS TO THE AVAILABILITY OF THE EPC Rochester SITES AT ANY PARTICULAR TIME OR LOCATION, AS TO THE CORRECTION OF ANY DEFECTS OR ERRORS IN THE EPC Rochester SITES, OR THAT CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EPC Rochester 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. EPC Rochester 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. EPC Rochester MAKES NO WARRANTY THAT THE EPC Rochester SITES WILL MEET USER’S REQUIREMENTS OR THAT THE EPC Rochester SITES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, NOR DOES EPC Rochester MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EPC Rochester SITES.
ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY EPC Rochester 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 EPC Rochester OR THROUGH ANY EPC Rochester 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.
YOU HEREBY AGREE TO RELEASE EPC Rochester 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 EPC Rochester SITE AND ITS SERVICES OR CONTENT.
21. Security. EPC Rochester maintains physical, electronic, and procedural safeguards that are designed to protect the EPC Rochester Sites, our systems and our members’ personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. While EPC Rochester strives to protect your personal information, EPC Rochester 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, EPC Rochester will notify you as necessary so you can take appropriate protective steps.
22. Electronic Communications. When you visit any EPC Rochester Site or send emails to EPC Rochester, you are communicating with EPC Rochester electronically. You consent to receive communications from EPC Rochester electronically. EPC Rochester may communicate with you by email or by posting notices on the EPC Rochester Sites. You agree that all agreements, notices, disclosures and other communications that EPC Rochester provides to you electronically satisfy any legal requirement that such communications be in writing.
Estate Planning Council of Rochester
PO Box 227
East Rochester, NY 14445
Phone: (585) 586-6906
Fax: (585) 385-6053