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Note: A trust, by itself, does not automatically avoid the burden of estate taxation. The trust tool offered by EPM is not intended for the purpose of tax planning and is not suitable for that purpose. The tax considerations are highly complex and should never be attempted without the advise and guidance of a licensed attorney.

The price for membership is $247.00 now.

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Terms of Use

TERMS OF USE

Updated: February 21, 2018

Section 1.     THROUGH THESE TERMS OF USE, YOU ARE ENTERING INTO A BINDING AGREEMENT WITH EPM.  

These terms of service and use (the “Terms of Use”) sets forth the terms, conditions, and requirements applicable to your, (and if you are purchasing a will and/or trust document bundle for husband and wife, these Terms of Use sets forth the terms, conditions, and requirements applicable to both your use and your spouse’s use  (collectively you and/or your spouse, as applicable, are referred to herein as “You” or “Your”) use of this website, the contents thereof, and the services and products provided by Estate Planning Ministry, LLC (“EPM”).  Additionally, these Terms of Use shall apply to Your use of EPM’s website, technology, software (whether owned directly by EPM or otherwise owned by a third party), services, products, and all other matters specified herein.  Without limiting the requirements within these Terms of Use, Your acceptance of these Terms of Use is an express condition to Your use of EPM’s website and any purchase You enter into for goods and/or services from EPM.  If You do not accept the following terms and conditions, then do not use EPM’s websites nor EPM’s services.  Without limiting any terms herein, if You do not have the legal capacity and/or authority to enter into these Terms of Use and bind You hereunder, You are prohibited from (1) using EPM’s websites; and (2) from purchasing any goods and/or services from EPM.

These Terms of Use create a binding agreement.  Your use of EPM’s website, services, products, or other materials, as well as Your submission of information to through EPM’s website is also governed by EPM’s Privacy Policy, the terms of which are fully incorporated herein by reference and made an express part of this agreement.

In addition to You being bound under these Terms of Use, in order to gain access to EPM’s paid website content (content for registered users other than EPM’s home page, free educational materials, and the language of these Terms of Use), You are required to register as a user and log into EPM’s website under Your user account with EPM, including a username and password.  By registering for, creating, viewing, accessing, using, or otherwise purchasing use of the EPM system, You (further jointly and severally including Your spouse if You purchase a bundle for husband and wife) are a “User.”  Using EPM’s paid services,  You are able to complete user-driven self-help "fill in the blank" estate planning forms that You populate through an automated software solution provided by EPM (which You then may use to populate certain form documents on Your own behalf) (the “Paid Access”).  The website itself and all Educational Materials, Paid Access, EPM designs, logos, intellectual property, and any other information, content, materials, forms, documents, articles, source code, software, and other materials incorporated into the website are collectively referred to herein as the “Site Content.”  A User also includes anyone who uses any of EPM’s services, products, or tools without registering themselves.  These Terms of Use apply to all Site Content and services made available through the EPM website at any time, including those not available as of the “Effective Date” above.

 

Section 2.      EPM IS NOT YOUR LAWYER.  EPM DOES NOT PROVIDE LEGAL SERVICES OR ADVICE.

You are not EMP’s client. This website gives You information, not legal advice. We do not warrant or guarantee that the information on this website is accurate or up-to-date. When You use this site, You do so at Your own risk.

You understand and agree that EPM is not a law firm or an attorney, may not perform services performed by an attorney, and its forms, templates, Paid Access, and/or Site Content are not a substitute for the advice or services of an attorney.  Rather, You are representing Yourself in the legal matter for which You use any forms, templates, Paid Access, and/or Site Content. No attorney-client relationship or privilege is created with EPM.

Because EPM is not a lawyer, nor a law firm, nor a legal service provider, it CANNOT:

  • Give You advice, opinions, or recommendations about Your rights, legal options, and/or risks
  • Apply the law to the facts of Your situation or Your estate plan
  • Make conclusions about Your situation or Your best option for Your estate plan
  • Tell You if Your answers are legally sufficient
  • Tell You about possible problems with Your answer(s), or any defenses, choices, or outcomes that may apply to Your actions or decisions
  • Choose or review Your chosen estate planning forms (Your chosen will, trust, any power of attorney, and/or living will), or
  • Represent or protect Your or Your family’s interests.

For legal advice about Your estate planning, You should consult a licensed lawyer.  Documents created using this website may require consultation with a lawyer prior to signing or filing.

By using this website, You also agree that:

  • You will not detrimentally rely on any information received from this website; all educational information is provided  as general foundational information only and is not legal advice;
  • You do not have the right to make a claim that You were harmed because You used this website or any services or products provided by EPM;
  • Your use of this website does not create any attorney-client relationship or any other fiduciary relationship between You and EPM; and
  • You shall only use this website in accordance with the laws of the state in which the form documents are specifically intended.

EPM is NOT a law firm and is NOT providing You with legal services or legal advice.  You expressly understand and acknowledge that EPM is not a law firm nor attorney, and that neither EPM nor any of the owner(s), managers, employees, and/or third party contractors or affiliates of EPM are acting as Your attorney, legal counsel, or otherwise providing You, Your spouse, nor Your family with any legal advice or legal services in any manner.

 

EPM’s services are not a substitute for the advice of a qualified attorney licensed in the state in which You reside.  EPM cannot provide legal advice and can only provide self-help services at Your specific direction.  EPM is not permitted to engage in the practice of law.  EPM is prohibited from providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of legal documents, and/or strategies.  At no time will EPM (nor any of the owner(s), managers, employees, and/or third party contractors or affiliates of EPM, including without limitation Good Sense NFP, an Illinois non-profit corporation ) review Your answers for legal sufficiency, draw legal conclusions, provide legal advice, or apply the law to the facts of Your particular situation.

EPM and its products and services are not a substitute for the advice of an attorney licensed to practice law in Your state.  Any and all information on EPM’s website and/or any other materials provided by or through EPM is not legal advice and is not guaranteed to be correct, complete, or up-to-date. EPM is not responsible for any direct or indirect loss, injury, claim, liability, or damage related to Your use of (i) EPM’s services; (ii) EPM’s website; (iii) information provided by EPM; (iv) any third-party website linked to or referenced in EPM’s website; (v) the invalidity or unenforceability of any will, trust, power of attorney, or other form document generated through Your use of EPM’s services; and/or (vi) from technical errors within or downtime involving EPM’s website, EPM’s services, and/or the software or technology underlying EPM’s services. In short, Your use of the site is at Your own risk.  Without limiting the foregoing, You expressly assume (on behalf of Yourself, Your spouse, and all heirs, assigns and third party beneficiaries You have now and/or in the future) the risk that any will, trust, power of attorney, or other form document generated through Your use of EPM’s services and/or Paid Access may be legally invalid or unenforceable.

For legal advice about Your estate planning options, You should consult with a licensed lawyer authorized to practice law in Your state.  Documents created using this website may require consultation with a lawyer prior to signing or filing. Any information provided by EPM concerning the execution of any legal document(s) should not be considered and shall not be deemed legal advice.

 

Section 3.     YOUR UNDERSTANDING CONCERNING ARBITRATION.

You acknowledge that You understand that these Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to You in the event of a dispute as described in the EPM Arbitration terms, contained in Section 21 of these Terms of Service.

 

Section 4.    YOUR UNDERSTANDING CONCERNING REVIEW OF FORM DOCUMENTS.

YOUR UNDERSTANDING THAT EPM DOES NOT REVIEW ANY DOCUMENTS OR MATERIALS GENERATED BY OR THROUGH YOUR USE OF THE WEBSITE OR OTHER UNDERLYING PROGRAMS OR SOFTWARE, OR OTHERWISE GENERATED THROUGH YOUR PAID ACCESS.  YOU MUST AND WILL READ, REVIEW, AND APPROVE THE FINAL DOCUMENT(S) BEFORE SIGNING IT/THEM AND AGREE TO BE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE FINAL DOCUMENT(S), IF ANY, THAT YOU GENERATE THROUGH EPM’S WEBSITE AND/OR PAID ACCESS.

 

Section 5.      WHO MAY USE THIS SITE.

If, prior to Your purchase of any Paid Access, You believe that EPM gave You any legal advice, opinion or recommendation about Your legal rights, remedies, defenses, options, selection of forms or strategies, You will not proceed with this purchase, and any purchase that You do make will be null and void.

Additionally, if at any time while You are using any Paid Access or otherwise using EPM’s website, You believe that EPM is providing or gave You any legal advice, opinion, or recommendation about Your legal rights, remedies, defenses, options, selection of forms or strategies, You will not proceed to use the Paid Access or otherwise use EPM’s website.

To use any part of this site You must:

  • Be an individual that is at least eighteen years of age;
  • Be Legally able to agree to the terms of using this website; and
  • Not use this website for any prohibited purpose.

You understand that certain materials on the EPM website, including but not limited to questionnaires, documents, instructions, and filings, are only available in English.  You will not use any Site Content if You do not have a full understanding and comprehension of and proficiency with the English language.

 

Section 6.    LICENSE TO USE.

Subject to and without limiting the terms of these Terms of Use, EPM grants You a limited, personal, non-exclusive, non-transferable license to use EPM’s Site Content for Your own personal, non-commercial 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 Site Content in any manner, except for modifications in filling out the forms under Paid Access for Your own personal, non-commercial authorized use. You shall not remove any copyright notice from any material provided by EPM and/or any Site Content.  You shall not use EPM’s website, nor any Site Content, nor any license granted hereunder for the benefit of any third party.

 

Section 7.     RESALE OF PAID ACCESS PROHIBITED.

By purchasing, ordering, using, or downloading Paid Access, You agree that the Paid Access You purchase may only be used by You for Your personal use and may not be sold or redistributed without the express written consent of EPM.

 

Section 8.    USER INFORMATION.

The information You provide must be correct and complete, and You must update it if any of that information changes.

Without limiting any other term in these Terms of Use, in order to use this site, You must agree to:

  • Use Your chosen username and password when You access the site;
  • Not let anyone else use Your username or password to access this site;
  • Be liable for anyone who accesses the site with Your username and/or password; and
  • Protect Your username and password so that others cannot use it.

Protect Your Password:  Do not use Your name, birthday, a single word, or other information that is easy to guess.  Instead, use a string of letters and numbers or a phrase.  If You suspect someone is using Your login information, contact EPM immediately at: support@estateplanningministry.org.

 

Section 9.    NO COMMERCIAL USE BY YOU, ANY OTHER USER, OR ANY OTHER THIRD PARTY.

You may not under any circumstance directly or indirectly use or reference this website or any Site Content for the benefit of any third party, nor for any commercial purpose for Yourself and/or any third party.  You may only use this website for Your own personal estate planning, and for Your own limited User-driven personal (non-commercial) estate planning activities.  You may not use, directly or indirectly, this site if You are providing a competing service to EPM, and/or to develop a competing product or service offering for Your own benefit and/or for the benefit of any third-party individual, group, or entity.

Unless EPM gives You its prior express written permission, You may not reproduce, copy, change, publish, display, distribute, reverse engineer, screenshot, or otherwise emulate any part of this website and/or Site Content, except as expressly permitted by these Terms of Use.

By using this website, You further agree that:

  • You shall not detrimentally rely on any information received from this website;
  • You do not have the right to make a claim that You were harmed because You used this website and/or Paid Access;
  • You consent to having any data You provide to EPM, including personal data, transferred to and processed in the United States or otherwise; and
  • You shall refrain from copying, recording, duplicating, and/or distributing any information, materials, and/or other Site Content in any manner under any circumstance.

 

Section 10.    THIRD PARTY SERVICES.

If You purchase a product that involves third party services, You may be required to accept additional terms located on the third party’s site.  EPM HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES POSTED OR OFFERED AS PART OF ANY THIRD PARTY SERVICES. EPM IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. A THIRD PARTY MAY HAVE A PRIVACY POLICY AND/OR ITS OWN TERMS OF USE DIFFERENT FROM THAT OF EPM, AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE EPM SITE.

 

 Section 11.    NO ILLEGAL ACTIVITIES.

EPM may investigate any conduct that EPM detects of a nature EPM deems questionable or potentially wrongful, as well as any complaints and reported violations.  If EPM suspects illegal or inappropriate activity, EPM may report it to law enforcement officials, regulators, or other parties. EPM may disclose User information of anyone or any entity involved in that activity, including: user profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.  EPM reserves the right to immediately close any User account and prohibit any User from accessing or using EPM’s website, Site Content, and/or Paid Access.

You must not use this site in any way that violates any law, including without limitation, any U.S. law, or the laws of Your state.

Do not use or access this website to:

  • Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of someone’s privacy, hateful, or racially, ethnically objectionable, or wrongful in some other way
  • Harm a child in any way
  • Misrepresent Your affiliation with a person, company, business or agency or impersonate a person company, business or agency, including EPM or its staff
  • Stalk or harass someone; and/or
  • Use any function of this website to collect or store personal data about other users.

 

Section 12.    NO PROHIBITED ACTIVITIES OR ACTIONS.  

In addition to, and without limiting, any terms or conditions in these Terms of Use, You shall not:

  • Upload unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
  • Upload material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment;
  • Interfere with this website, any part of the Site Content, and part of the Paid Access, and/or the servers and networks connected to EPM’s website, Paid Access, and/or Site Content;
  • Disobey any requirement, procedure, policy or regulation of a network connected to EPM’s website, Paid Access, and/or the Site Content.

You must not use any part of this site, its content, the Site Content, or its underlying programs to:

  • Decompile, extract or disassemble EPM’s source code;
  • Decompile, extract or disassemble the source code of any third party;
  • Copy, change, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes any part of this site, its content or its software, except as allowed by other terms of this agreement
  • Rent, lease, loan, sell, sublicense, or create derivative works from this site, except as allowed by the terms of this agreement
  • Use software or other method to monitor or copy our site or software
  • Determine the site architecture or extract information about usage, users, or their identities
  • Use, export, or re-export any part of this website or its content in violation of U.S. export control laws

 

Section 13.    PRIVACY.

You must not use any material owned by EPM or licensed to EPM by a third party for any prohibited use, including without limitation, any commercial use. This includes:

  • Text, forms, documents, images, graphics, logos, or button icons
  • Any other material or information You get from EPM’s contributor(s)
  • Other content or copyright material (or material for which a copyright could be obtained) owned by EPM or any third party
  • Any EPM trademark, service mark, or logo

To use this site You must also agree to EPM’s Privacy Policy.

 

Section 14.     FUTURE PRODUCTS AND SERVICES.

You acknowledge and agree that if You choose to add a product or service to Your order subsequent to any initial purchase from EPM, these Terms of Service will apply to that additional product or service purchase as well.

 

Section 15.    LINKS TO OTHER WEBSITES; LINKS TO EPM’S WEBSITE.

This website may list links to other websites. We do this for the convenience of You and other users only. When You click on a link to other websites, You leave this website. Those links are not a recommendation or approval of those sites or their owners and those websites are not under EPM’s control. EPM is not responsible for those websites, the information, services or products they may offer, or any loss or damage You may have at or incur through those sites.  Unless You have EPM’s express, written permission to do so, You may not link to this website from another website.  If EPM gives You permission to link to this site, EPM may cancel that permission at any time.

 

Section 16.    ACCESS TO THE WORLD WIDE WEB; INTERNET DELAYS.  

To use EPM’s services, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain EPM services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. You acknowledge that You understand that EPM is not responsible for delays, delivery failures, or other damage resulting from such problems.

 

Section 17.    FORCE MAJEURE.

EPM shall not be considered in breach of or default under these Terms of Use or any contract with You, and EPM shall not be liable to You for any cessation, interruption, or delay in the performance of EPM’s obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days in the aggregate, EPM may immediately terminate these Terms of Service and shall have no liability to You for or as a result of any such termination.

 

Section 18.    RIGHT TO REFUSE.  You acknowledge that EPM reserves the right to refuse service to anyone at any time with or without notice.

 

Section 19.    You acknowledge and agree that EPM is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq.  EPM’s registered address is 16192 Costal Highway, Lewes, Delaware, 19958. You acknowledge and agree that You have had the opportunity to view sample templates of EPM documents and may call EPM Customer Care at the telephone number listed on EPM’s Contact Us website tab with questions or for assistance locating sample templates.

 

Section 20.    DELIVERY.

For products delivered via physical shipment, You understand that EPM uses a variety of carriers for each shipping option and will choose a delivery method when shipping to You unless you have selected and paid for a specific delivery method/service.

 

Section 21.    ARBITRATION.

For the purposes of this Arbitration Agreement, references to "EPM," "You," and "us" include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of Use or any prior agreements between us. Beneficiaries include, but are not limited to, those named by You in any estate planning document.

(a) You and EPM agree to arbitrate any and all disputes and claims between us before a single arbitrator. The types of disputes and claims we (You and EPM) agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

  • claims arising out of or relating to any aspect of the relationship between You and EPM, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
  • claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; and
  • claims that may arise after the termination of these Terms of Use.

Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude Your from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on Your behalf. You agree that, by entering into these Terms, You and EPM are each waiving the right to a trial by jury or to participate in a class action.  These Terms of Use evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to EPM should be addressed to: Notice of Dispute, Registered Agent, Estate Planning Ministry, LLC, 16192 Costal Highway, Lewes, DE 19958. (the "Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought ("Demand"). If EPM and You do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or EPM may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by EPM or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or EPM is entitled.

You may download or copy a form Notice and a form to initiate arbitration from the AAA website at  There may be different forms from the AAA website that are applicable to Your given state.

(c) After EPM receives notice at the Notice Address that You have commenced arbitration, it will promptly reimburse You for Your payment of the filing fee, unless Your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If You are unable to pay this fee, EPM will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at https://www.adr.org or by calling the AAA at 1-800-778-7879. (You may obtain information about the arbitration process directed to non-lawyers, including information about providing notice to EPM at 16192 Costal Highway, Lewes, DE 19958.  The arbitrator is bound by these Terms of Use.  All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide.  Unless EPM and You agree otherwise, any arbitration hearings will take place in Sussex County, Delaware.  If Your claim is for $10,000 or less, You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If You choose to proceed either in person or by telephone, EPM may choose to respond only by telephone or submission. If Your claim exceeds $10,000, the AAA Rules will determine whether You have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which EPM was a party. Except as otherwise provided for herein, EPM will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, You agree to reimburse EPM for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules. In addition, if You initiate an arbitration in which You seek relief valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed by the AAA rules.

(d) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND EPM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both You and EPM agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers.  Neither You nor EPM may seek non-individualized relief that would affect other customers.  If a court decides that applicable law precludes enforcement of any of this section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

(e) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

(f) Notwithstanding any provision in the applicable Terms of Use to the contrary, EPM agrees that if EPM make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if EPM seeks to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to You, and shall not be effective as to disputes which arose prior to the date of termination.

 

Section 22.    LIMITATION OF LIABILITY; INDEMNIFICATION.

Limitation of Liability.    EPM EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF EPM’S SERVICES SHALL BE AT YOUR OWN RISK. EPM SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING FROM YOUR USE, REGISTRATION TO USE, OR INABILITY TO USE, EPM’S SERVICES, EVEN IF EPM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD EPM AND ITS OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, OWNERS, 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 THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF EPM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF EPM, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. THIS SECTION DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.

 

Section 23.    CHOICE OF LAW.

These Terms of Use shall be governed by and construed in accordance with the laws of Delaware, without giving any effect to any principles of conflicts of law. Subject to the Arbitration Section of these Terms of Use (which shall control), You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Delaware and You hereby consent to the personal jurisdiction of such courts for the purpose of litigating any action.

 

Section 24.    ADDITIONAL ACKNOWLEDGEMENT.

You acknowledge and agree that these terms affect Your legal rights and obligations. If You do not agree to be bound by all of these terms, You will not use EPM’s service or the Site Content. By proceeding You agree to these Terms of Service.