Terms of Use

Effective date: June 2023

PLEASE READ THIS TERMS OF SERVICE AGREEMENT (TOS) CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS IN USING OUR WEBSITE AND OUR SERVICE. THIS TOS IS IN ADDITION TO ANY SIGNED AGREEMENT WITH THE PROFESSIONAL TRUSTEE.

The Professional Trustee reserves the right to revise its policies at any time without notice. You may check this page anytime for any TOS updates.

Overview

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between The Professional Trustee, (“The Professional Trustee”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance on any service agreement The Professional Trustee offers. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control. The terms “we”, “us” or “our” shall refer The Professional Trustee. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Account Billing & Notifications / Email on File

Our account billing system requires a client email. It is your responsibility to provide us with an email address which is currently active for our billing notifications. All billing as well as all other email notifications will use this primary email address on file.

Third Party Providers

All transactions with third party providers are solely between the visitor, individual provider, and You. The Professional Trustee is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by The Professional Trustee are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party.

While we may or may not bill you for the third party services, we do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

Zero Tolerance Spam Policy

We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and the selling of lists will be treated as spam. Any user who sends out spam may have their account terminated with or without notice.

Indemnification
Customer agrees that it shall defend, indemnify, save, and hold The Professional Trustee harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against The Professional Trustee, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless The Professional Trustee against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with The Professional Trustee; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from The Professional Trustee’s server.

Disclaimer

CUSTOMER AGREES THE PROFESSIONAL TRUSTEE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NO DELIVERIES, WRONG DELIVERY, NO BACKUP, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE PROFESSIONAL TRUSTEE AND ITS EMPLOYEES. THE PROFESSIONAL TRUSTEE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. UNLESS EXPRESSLY SET FORTH IN THIS TERM OF USE, THE PROFESSIONAL TRUSTEE MAKES NO, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF. THE PROFESSIONAL TRUSTEE IS NOT PERMITTED TO PROVIDE, AND DOES NOT PROVIDE, LEGAL ADVICE, AND CLIENT IS SOLELY RESPONSIBLE FOR COMPLIANCE OF ALL CONTENT AND ADVERTISING WITH ALL LOCAL, STATE AND FEDERAL LAWS AND REGULATIONS AND PROFESSIONAL RULES AND REGULATIONS APPLICABLE TO THE CLIENT. RECORDED CALLS MAY NOT MEET HIPAA REQUIREMENTS AND MAY NOT BE PRIVILEGED UNDER APPLICABLE LAW.

Limitations

CUSTOMER AGREES THE PROFESSIONAL TRUSTEE WILL NOT BE LIABLE TO CLIENT (NOR TO ANY PERSON OR ENTITY CLAIMING RIGHTS DERIVED FROM CLIENT’S RIGHTS) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING COST OF COVER, LOST REVENUES OR PROFITS OR LOSS OF BUSINESS OR DATA, ARISING OUT OF OR RELATING TO THE AGREEMENT, REGARDLESS OF WHETHER THE PROFESSIONAL TRUSTEE WAS ADVISED, HAD OTHER REASON TO KNOW, OR KNEW OF THE POSSIBILITY THEREOF. CLIENT AGREES THEY SHALL HAVE NO RECOURSE AGAINST THE PROFESSIONAL TRUSTEE OR ITS DESIGNEES FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF CLIENT’S PROPRIETARY RIGHTS BY THIRD PARTIES OR FOR LOSS OR HARM DUE TO UNAUTHORIZED USE OF CLIENT’S CONTENT OR ADVERTISEMENT BY THIRD PARTIES. IN ANY EVENT, THE PROFESSIONAL TRUSTEE’s MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT, WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID BY CLIENT TO THE PROFESSIONAL TRUSTEE HEREUNDER WITHIN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

General

This Term of Use is governed by the laws of the State of Illinois, excluding its conflict of laws principles and constitutes the complete and entire expression of the Terms of Use between the parties, and supersedes any and all other representations, warranties and agreements, whether written or oral, with respect to the subject matter hereof. The exclusive venue for any dispute relating to this Agreement shall be Cook County, Illinois, and Client hereby waives any jurisdictional, venue or inconvenient forum objections thereto.

Dispute Resolution

Prior to initiating any dispute action by either party, the initiating party shall give the other party 60 days written notice of its dispute of this Term of Use. The Professional Trustee will provide such notice by e-mail to Client’s e-mail address on file with The Professional Trustee, and Client must provide such notice by e-mail to info@the-professional-trustee.com. During such notice period, the parties will endeavor to settle amicably by mutual discussions and any disputes, differences or claims whatsoever related to this Term of Use. Failing such amicable settlement and expiration of the notice period, any controversy, claim or dispute arising under or relating to this Term of Use shall finally be settled by American Arbitration Association.

Binding Arbitration Agreement

NOTICE: THIS TERMS OF USE AGREEMENT IS SUBJECT TO BINDING ARBITRATION

In arbitration, an informal hearing will be held in accordance with the binding arbitration rules by the American Arbitration Association. An arbitrator will render a decision which the arbitrator considers to be a fair resolution of the dispute. The arbitrator’s decision will be final and binding for both parties, and it is agreed that judgement on the decision may be entered in any court having jurisdiction. The arbitration shall be conducted in Cook County, Illinois.

Disclosure to Law Enforcement

The Professional Trustee may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Privacy Policy

You may view our Privacy Policy here.