LIMITATION OF LIABILITY
AMERICAN SOCIETY OF ESTATE LIQUIDATORS LLC
Effective August 14, 2026
PLEASE READ THIS LIMITATION OF LIABILITY CAREFULLY. IT LIMITS THE LIABILITY OF ASEL AND THE REMEDIES AVAILABLE TO YOU, AND IT SETS A DEADLINE FOR BRINGING ANY CLAIM.
This Limitation of Liability applies to all claims arising out of or relating to the website at aselonline.com (the “Site”), to the memberships, courses, certifications, designations, publications, forms, templates, and other products and services of American Society of Estate Liquidators LLC (“ASEL”), and to the conduct of ASEL’s members and of estate liquidators generally. It is incorporated into and forms part of ASEL’s Terms of Use, and the governing law, venue, and waiver of jury trial provisions of the Terms of Use apply to it.
As used in this Limitation of Liability, “ASEL Parties” means ASEL and its sole member, managers, officers, employees, agents, and contractors (in their capacity as such, and not any dues-paying member of ASEL), and ASEL’s successors and assigns (each, an “ASEL Party”). Every limitation, exclusion, and cap set forth below applies equally to ASEL and to each of the ASEL Parties, and applies regardless of whether a claim is brought in contract, tort, negligence, strict liability, statute, or any other theory.
Members and users of ASEL’s products or services are responsible for their own conduct and actions. Although ASEL expects all of its members to abide by its Code of Ethics and may terminate a member’s association with ASEL when ASEL receives sufficient information to determine that a member has violated its Code of Ethics or otherwise failed to act in an ethical manner in the handling of an estate sale, ASEL does not supervise, direct, or control any member or estate liquidator, and does not guarantee the conduct, competence, honesty, or work product of any member or estate liquidator. ASEL is not responsible for the conduct of any individual estate liquidator. Except as to a claim for compensatory damages for bodily injury caused by ASEL’s own negligence, IN NO EVENT SHALL THE ASEL PARTIES BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THE CONDUCT OF ANY INDIVIDUAL ESTATE LIQUIDATOR WHO HAS TAKEN CLASSES, ACCESSED RESOURCES, HOLDS A CERTIFICATION OR DESIGNATION, OR IS LISTED AS A MEMBER OR ASSOCIATE OF ASEL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ASEL PARTIES SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUES, LOST BUSINESS, LOST OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THE SITE OR ANY ASEL PRODUCT OR SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ASEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Section does not apply to a claim for compensatory damages for bodily injury caused by ASEL’s own negligence.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE ASEL PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR ANY ASEL PRODUCT OR SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO ASEL FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE HUNDRED DOLLARS ($500.00).
The cap set forth in this Section is aggregate and not per claim. Multiple claims, or claims brought under multiple theories, by you or by anyone claiming through you, do not enlarge the cap. The cap does not apply to a claim for compensatory damages for bodily injury caused by ASEL’s own negligence.
ASEL does not guarantee the success of any business, any level of revenue or income, or any particular result as a consequence of membership in ASEL or the use of ASEL’s products, courses, certifications, materials, or services.
ASEL’s courses, publications, forms, templates, and other materials are general and informational in nature. They are not tailored to any particular transaction, jurisdiction, client, or set of facts, and they are not a substitute for the advice of a licensed attorney, accountant, appraiser, or other professional. You are solely responsible for evaluating the suitability of any ASEL material for your circumstances and for obtaining professional advice before relying on it. To the fullest extent permitted by applicable law, the ASEL Parties are not liable for any decision made, action taken, or omission in reliance on any ASEL material, except as to a claim for compensatory damages for bodily injury caused by ASEL’s own negligence.
ASEL is not liable for any delay or failure in performance, or for any interruption, suspension, or unavailability of the Site or of member resources, caused by events beyond its reasonable control, including acts of God, natural disasters, epidemic, war, civil unrest, labor disputes, governmental action, utility or telecommunications failures, internet or hosting outages, cyberattack, or the acts or omissions of third-party service providers.
You acknowledge that the fees ASEL charges for membership, courses, and materials are set in reliance on the limitations in this Limitation of Liability, and that those fees would necessarily be substantially higher if ASEL were to bear the risks allocated to you here. You are responsible for maintaining any bond, license, or insurance coverage required for or appropriate to your own business, including general liability and, where applicable, errors and omissions coverage. ASEL’s products and services are not a substitute for insurance and do not extend any coverage to you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR ANY ASEL PRODUCT OR SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED.
This Section does not apply to a claim for compensatory damages for bodily injury caused by ASEL’s own negligence, or to any claim that applicable law does not permit to be shortened by agreement. This Section does not extend any limitations period that is shorter under applicable law.
You acknowledge that the limitations set forth in this Limitation of Liability are an essential basis of the bargain between you and ASEL, that ASEL would not provide the Site or its products and services on these terms without them, that they form part of the consideration for the fees charged, and that they apply even if a limited remedy is found to have failed of its essential purpose.
You further acknowledge that membership in ASEL and the purchase of ASEL’s products and services are entirely voluntary; that ASEL does not provide an essential, public, or regulated service and is under no legal duty to provide the Site or its materials to you; and that training, publications, forms, and professional resources of the kind ASEL offers are available to you from other sources.
If the law of your state prohibits or restricts any exclusion, limitation, or shortened limitations period set forth above, that provision does not apply to you to the extent prohibited, and the liability of the ASEL Parties is instead limited, and any limitations period shortened, to the greatest extent your state’s law permits. All other provisions of this Limitation of Liability continue to apply to you in full. The provisions of this Limitation of Liability are intended to be, and ASEL believes them to be, enforceable under New Jersey law, and no provision of this Limitation of Liability is void, unenforceable, or inapplicable in New Jersey except as expressly stated herein.
Nothing in this Limitation of Liability operates to limit or exclude any liability that cannot lawfully be limited or excluded, including liability for fraud, fraudulent misrepresentation, willful misconduct, or any duty imposed by statute that may not be disclaimed by agreement. If any provision of this Limitation of Liability is held unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
© 2026 American Society of Estate Liquidators LLC. All rights reserved.