To insure the highest quality in the informational services provided by MontereyTrust.com, along with a confidential, useful environment for all of our Members, we have established our Membership Terms and Conditions (hereinafter “T&C”). The T&C set forth what you can expect from us and what we expect from you. The terms and conditions set forth herein constitute the full and complete agreement between you as a Member, MontereyTrust.com and the owners, other Members and related parties of MontereyTrust.com (collectively hereinafter "MT").  Your agreement to be bound by these terms is acknowledged by your payment of initial Membership fee. The terms contained herein supersede and replace any other agreement or negotiation between you and MT whether oral, written or otherwise including any statements made by any representative of MT at any time. MT is not a referral service and provides no legal services under this agreement or at any other time or in any other manner.

1.  Confidentiality of Forum Discussion

Member agrees to the following obligations of confidentiality with respect to information received through participation in the Forum(s):

a)  Any specifications, samples, data, or documentation or other technical or business information in written, graphic or other tangible or electronic form furnished or disclosed to the Members or any other party in the course of the Forums’ activities and/or discussion shall be held in confidence.  Member agrees to maintain all information in confidence, using the same degree of care Member uses to protect its own proprietary information of like importance, but in no event less than a reasonable degree of care.

b)  Member agrees to disclose or use information received through Forum discussion only for Member’s own use and for purposes of advancing the work of the Member.

2.  Fees

2.1 Annual Membership Fee The MT annual membership fee is in the amount stated on the MT invoice. Membership includes access to certain Members Only areas of the MT website, publication rights within the Sidebar, and listing in the Directory.  This annual membership fee is subject to change at the sole discretion of MT without prior notice to you. The fee for your particular membership is fixed at the time of your initial membership request and any renewal. MT memberships are annual and run from January 1 of each year and end the same year on December 31 (Because of the development of the site, Membership year for 2008 shall run from the date the site is launched through December 31).  Membership fees for those Members joining later in any year shall be prorated.  Membership fee will automatically renew on an annual basis unless cancelled by you at any time. You will be invoiced for each additional year. 

2.2 Refund Policy MT does not offer a refund for fees paid. 

3.1 Services Included

3.1 Generally. MT Members are entitled to seek information and forum discussion on a myriad of issues mainly focused on estate planning, trusts, elder law, taxation and planned giving. This includes virtually any legal or technical issue that could affect your business. MT reserves the right to refuse to become involved in any issue that may be presented to MT based upon any potential conflict with an existing Member or for any other reason at the sole discretion of MT.

3.2 Publication.  MT shall publish articles written by Members on subjects suitable to the focus of the web site.  Additionally, MT may from time to time publish articles written by guest authors or may publish other articles that MT deems may be of interest to the readership of MT and its Members. Published articles may be reproduced from time to time by MT for the purpose of marketing the site.  Reproductions shall include but not be limited to publication in books, reproduction in newspapers or circulars or in direct mailers to the community.  MT reserves the right to decline publication of any article submitted or to remove a published article at any time.  It is the goal of MT to provide high quality, accurate and topical information for its readers and Members. 

3.3 No Legal or Tax Advice. MT does not give Legal or Tax advice. You understand and agree that you will not rely upon the advice of MT for Legal or Tax advice.

3.4 Directory - Results Not Guaranteed. MT will use their best efforts to expose and market the site and create referral business for its Members.  However, there are many unpredictable variables that could affect the success of the site and for that reason MT makes no representation regarding the results of the marketability of the site.  MT comments about the likely outcome of the success of this site or any phase thereof are expressions of opinion only and do not constitute guarantees.  MT will track site “hits” and provide reporting to its Members.

3.5 Discharge. You may ask that your Membership from MT be discharged at any time.  MT may withdraw from further listing of your information or publications either with your consent or for good cause. Good cause includes but is not limited to the following: Your breach of this agreement; Your failure to timely pay Membership dues; Your refusal to cooperate with MT with regard to articles submitted or Forum discussion content posted; the development of an irreconcilable conflict between MT and You as to the conduct of the any matter; or any fact or circumstance that would render MT continuing services contrary to law or the rules of professional ethics.  Upon discharge or withdrawal of MT services, all unpaid fees and costs shall immediately become due and payable.

4.0 Arbitration of Disputes.

4.1 Arbitration. In the event of a dispute between you and MT regarding fees, costs, or any other matter related to or arising out of your Membership in MT, or any performance under this agreement, the dispute shall be determined, settled, and resolved by private, confidential arbitration in Monterey, California. Notwithstanding the foregoing, MT may apply to a court of competent jurisdiction for any provisional remedy that may be appropriate (e.g., writ of attachment, temporary restraining order, preliminary injunction, writ of possession, etc.). Any arbitration award shall be final, binding and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof.

4.2 Demand for Arbitration. Arbitration may be demanded under this agreement by the sending of written notice to the other party.

5.  Term

The term of this membership agreement shall be one year from activation of your membership account and renewing annually unless canceled in advance of any renewal date.

6. Termination

6.1 Termination. For any of the reasons set forth below, termination of your membership shall immediately cease your right to take advantage of any member benefits.

6.2 Expiration. Upon the expiration of the term of your membership under this agreement after any notice of non-renewal by you or MT to the other.

6.3 Cessation of Program. MT reserves the right to cease the membership plan or any feature thereof at any time without advance notice to you. This may include any of the following (a) the further acceptance of pre-paid memberships (b) the further sale of sponsorships (if any) (c) the complete cessation of the MT membership program. In the latter event your member account may be terminated at the option of MT.

6.4  Notice. By MT upon 10 days notice for any other reason at the sole discretion of MT.

7.  Information Use

7.1 You hereby consent and agree that as to any information which MT may collect from you and/or maintain with respect to you MT may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of MT and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the MT Terms of Service or other policies.

7.2 You agree to provide and at all times during the term of this agreement maintain true and accurate account information on file with MT specifically including your Name, Address, Email address, telephone number and any other information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is will erode MT’s ability to provide accurate information and undermine our services to you.

8.  Warrantees and Limitations

8.1  MT makes every reasonable effort to maintain operation of the MT service however because as many events and circumstances are beyond the control of MT, MT does not in any way warrant or otherwise guarantee the availability of the MT system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of MT.

8.2  THE MT SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

8.3  In general, MT has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. MT accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal.

8.4  You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.

8.5  THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO MT IN THE ONE CALENDAR YEAR IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY.

9.  Indemnity

You agree to fully defend and indemnify and hold harmless MT from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the MT service or any portion thereof. Choice of counsel remains exclusively that of MT.

10. Act of God

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

11. Severability

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

12. Choice of Law

This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of California, County of Monterey. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

13. No Agency

Notwithstanding any other provision of this agreement, MT is not your agent, partner or joint venturer in any respect.

14.  Amendment

MT may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the MT web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.

15.  Required Notices

The materials on this web site have been posted by MT for general informational purposes only. Although prepared by professionals, these materials should not be used as a substitute for legal counseling in specific situations. You should not act or refrain from acting based on information obtained from this site. The information provided in this site or in response to the information contained in this site including via the use of any available E-Mail Links contained within this site is not privileged and does not create an attorney-client relationship with MT.

Version: 1-1-08