WASHINGTON (State) PROBATE

A Washington Non-Profit Corporation for Public Legal Education

Sponsor of WA-Probate.com

 

 

 

Site Agreement

 

 

This Site Agreement applies to all users and visitors to this website or if your website contains a link to this website.

 

WASHINGTON PROBATE

encourages everyone to
READ THIS AGREEMENT.

 

 

1. Not Legal Advice or Legal Representation

THIS WEBSITE IS NOT A LAW FIRM AND DOES NOT GIVE LEGAL ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION PROVIDED BY IT OR THROUGH ANY OF ITS ASSOCIATED WEBSITES AS A SUBSTITUTE FOR THE COMPETENT LEGAL ADVICE OF YOUR CHOSEN COUNSEL IN YOUR LOCALE.  IF YOU HAVE AN URGENT LEGAL MATTER, AN EMERGENCY, AN IMMINENT COURT DATE OR HEARING, OR ARE FACING ANY DEADLINE OR STATUTE OF LIMITATIONS, YOU SHOULD NOT RELY ON ANY INFORMATION PROVIDED BY OR THROUGH THIS SITE FOR IMMEDIATE OR TIMELY INFORMATION, ANSWERS, OR ADVICE. YOU SHOULD IMMEDIATELY CONTACT A LICENSED ATTORNEY. You can find an attorney through your local Yellow Pages, your state or county bar association, or a resource such as the Internet.

 

Washington State Access to Justice Board

 

King County Bar Assn.

 

Pierce County Bar Assn.

 

County Bar Assns. in Washington

 

2. Scope

This Site Agreement ("Agreement") applies to any person, company, or entity using any website sponsored by WASHINGTON PROBATE (a "Site," including any website or domain name shown on Websites) or any product or service provided by or through a Site, or any publication (such as a form) provided by a Site, or providing a link of any kind to a Site. All these people and entities may be referred to here as "You" or "Users." Any use of a Site, access or visit to a Site, linking to a Site, and any use or access to products, services, publications, information, instructions, or forms provided by WASHINGTON PROBATE ("WASHINGTON PROBATE," "We," or the "Site") constitutes Your acceptance of the terms and conditions of this Agreement.

 

3. Other Definitions

"Service" means any service, function, product, publication, information, instruction, or form We provide to You.

 

"Party" means WASHINGTON PROBATE or You.

 

4. Disclaimer of Warranties --- Site Available "As Is"

 

a. Educational and Informational Purposes --- Not Legal Advice

This website or any of its associated websites is not a law firm and does not practice law. THE GENERAL INFORMATION PROVIDED BY THIS WEBSITE OF ANY OF ITS ASSOCIATED WEBSITES IS NEITHER INTENDED AS NOR IMPLIED TO CONSTITUTE A SUBSTITUTE FOR PROFESSIONAL LEGAL ADVICE. The information given here is for educational purposes only. Neither the distribution nor the receipt of this information constitutes the formation of an attorney-client relationship. No attorney-client relationship shall be deemed to be created by any use of a Site.

 

b. Accuracy of Information and Content

WASHINGTON PROBATE does not warrant that the information and material on any Site is complete or accurate. Information at any Site may include legal, technical, typographical, or other inaccuracies or errors, or may be incomplete or outdated. WASHINGTON PROBATE may make changes, update information, or correct inaccuracies or errors without notice and at WASHINGTON PROBATE's sole discretion.

 

Laws are subject to amendment by legislatures and different interpretations by courts and judges. Moreover, seemingly slight factual variations may affect the application of a law to an individual's particular circumstances. You should not rely on information available on or through any Site when making decisions about legal matters and should confirm the accuracy and relevance of any information applicable to You with an attorney or another source.

 

c. NO WARRANTIES OR REPRESENTATIONS

ANY SITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO WASHINGTON PROBATE, ITS OWNERS, EMPLOYEES , AGENTS, AND AFFILIATES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

USE OF THIS OR ANY OTHER SITE IS AT YOUR OWN RISK

 

d. DISCLAIMER OF LIABILITY

WASHINGTON PROBATE DISCLAIMS ANY AND ALL LIABILITY TO ANY INDIVIDUAL, ORGANIZATION OR OTHER ENTITY FOR ANY LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS CONTAINED IN, OR ASSOCIATED WITH, ANY SITE, WHETHER SUCH ERRORS OR OMISSIONS ARISE FROM NEGLIGENCE, ACCIDENT, OR ANY OTHER CAUSE. WASHINGTON PROBATE, ITS OWNERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY SITE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS ALLEGED TO HAVE RESULTED FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY WEBSITE.

 

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGE OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR COMPUTER HARDWARE OR SOFTWARE FAILURE OR MALFUNCTION. IF YOU RESIDE IN A JURISDICTION IN WHICH THE COMMON, STATUTORY, REGULATORY, OR CODIFIED LAW WOULD VOID THIS AGREEMENT IN WHOLE, OR IN ANY PART, OR WHICH MAKE, MAKES, OR WOULD MAKE ACCESSING ANY SITE SPONSORED BY WASHINGTON PROBATE, ANY SERVICES, OR ANY PUBLICATIONS ILLEGAL, YOU ARE NOT AUTHORIZED TO USE THIS OR ANY OTHER SITE AND USE IT ENTIRELY AT YOUR OWN RISK.

 

5. Submissions and Postings

Any submission by you to any Site or any of its owners, employees, or agents is not confidential. By submitting information, You grant WASHINGTON PROBATE the unrestricted right to use, reproduce, modify, disclose, and distribute the information submitted without limitation. WASHINGTON PROBATE shall be free to use any ideas, concepts, or techniques contained in any submission for any purpose, including developing, manufacturing, and marketing products or services incorporating the information.

 

6. Links to Other Sites

WASHINGTON PROBATE contains links to third-party Websites. These links are provided solely as a convenience to You and do not constitute endorsement or approval by WASHINGTON PROBATE of the content on such third-party Websites. WASHINGTON PROBATE is not responsible for the content of linked third-party sites, which could be considered offensive by certain readers. WASHINGTON PROBATE does not make any representations regarding the content or accuracy of materials on such third-party Websites. If You decide to access linked third-party Websites, You do so at Your own risk. Your use of third-party Websites may also be subject to the terms and conditions of use of such sites.

 

The use of a hyperlink is not an endorsement of a company, product, or opinion and does not imply that WASHINGTON PROBATE agrees with the content being linked to, and We do not guarantee that the content contains accurate information. WASHINGTON PROBATE has no obligation to link to any site.

 

7. Intellectual Property (Trademarks and Copyrights)

Unless otherwise indicated, WASHINGTON PROBATE owns all copyrights in the materials on its Sites. You may print and download portions of materials from the different areas of any Site solely for Your own use. Any redistribution, resale, retransmission, or publication of the copyrighted material posted at any Site is strictly prohibited without the express written consent of WASHINGTON PROBATE. You agree not to change or delete any proprietary notices including copyright and trademark symbols or other notices from materials downloaded from WASHINGTON PROBATE; provided, however, that at your discretion, you may delete in its entirety the WA-PROBATE.com icon from the footnote of any form published on the WA-PROBATE.com Site.

 

WASHINGTON PROBATE, the distinctive look and feel, GIF, JPEG, graphic, and icon designs on each Site are tradenames, trademarks, or service marks of WASHINGTON PROBATE and are protected by state, federal, and international law.  Any other marks used on any Site are the property of their respective owners. Nothing in this Agreement shall be construed as conferring on any third party, by implication, estoppel, or otherwise, a license or right under any copyright, patent, or trademark owned by WASHINGTON PROBATE.

 

Third-party Websites may use the WA-PROBATE.com logo if they first notify WASHINGTON PROBATE and agree to use the logo or mark in conformance with this Agreement.

 

WASHINGTON PROBATE reserves the right to take action against any use that does not conform to this Agreement, infringes any WASHINGTON PROBATE intellectual property or other right, or violates other applicable law.

 

8. Indemnification

You agree to indemnify, defend, and hold harmless WASHINGTON PROBATE, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to each Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from Your use of any Site.

 

9. Modification

WASHINGTON PROBATE reserves the right to change the terms, conditions, policies, and guidelines for any Site, including this Agreement. You are responsible for regularly reviewing these terms, conditions, policies, and guidelines, and any additional terms posted on the Site. Your continued use of any Site or Services constitutes Your agreement to all such terms, conditions, policies, and guidelines. Any changes may be posted without notice and will become effective when posted on any Site.

 

10. Notices

Any notice to WASHINGTON PROBATE must be made in a writing E-mailed to RichardWills@Washington-Probate.com.

 

11. Consents and Waivers

The failure of WASHINGTON PROBATE at any time to require, insist upon, or enforce performance of any provision of this Agreement shall not be construed as a waiver or affect its right at a later time to enforce the same. No waiver by WASHINGTON PROBATE of any condition or any breach of any term, covenant, representation, or warranty contained in this Agreement shall be effective unless in writing, and no waiver by WASHINGTON PROBATE of any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation, or warranty.

 

12. Governing Law

This Agreement shall be governed and construed in accordance with the laws of the State of Washington, without giving effect to any principles and rules regarding conflicts of laws. You agree that any legal action or proceeding between WASHINGTON PROBATE and You for any purpose concerning this Agreement shall be brought exclusively in state or federal courts in Washington, and if possible, in King County, Washington, and specifically in the Superior Court of Washington for King County, Seattle Area, and that You will submit to the jurisdiction of Washington state or federal court. Any cause of action or claim You may have with respect to Your use of any Site must be commenced within one (1) year after the cause of action or claim arises or such cause of action or claim shall be barred, and in any such cause of action or claim, You will waive a jury trial.

 

13. Miscellaneous

a. It is WASHINGTON PROBATE's policy to comply with all applicable laws and regulations. If any provision of this Agreement may be in conflict with any applicable law or regulation, the law or regulation shall be considered to supersede the conflicting provision.

 

b. The provisions of this Agreement are severable. If any provision of this Agreement is deemed to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions of this Agreement.

 

c. WASHINGTON PROBATE may assign its rights and duties under this Agreement at anytime without notice to You.

 

d. By using any Site, You represent and warrant that You are at least 18 years old, and that You have the legal right to enter into this Agreement.

 

14. Linking Agreement

Your site may use either of the WASHINGTON PROBATE or WA-PROBATE.com logos or link to any Site if you agree to comply with the following rules:

a.  You will notify us of the URL where the link will reside.

b.  If you use any graphic representing the WA-PROBATE.com Site, you will use only the WASHINGTON PROBATE or WA-PROBATE.com logos.

 

c.  The logo and link may be used only on web pages and sites that make accurate references to WASHINGTON PROBATE and its products or services.

d.  The logo and link may not be:

 

 

i. Displayed in any manner that implies sponsorship, endorsement, or license by WASHINGTON PROBATE, unless WASHINGTON PROBATE consents in writing.

ii. Used as a feature or design element of any other logo.

 

 

iii. Altered in any manner, including proportions, colors, elements, etc., or animated, morphed, or otherwise distorted in perspective or two-dimensional appearance.

 

 

iv. Used on a site containing disparaging remarks about the logo, WASHINGTON PROBATE, or WASHINGTON PROBATE 's products or services.

 

 

v. Used on a site containing pornography or espousing hatred or violence toward individuals or groups based on an individual or group's race, gender, sexual orientation, or disability.

 

f.  Other sites may not infringe upon any of WASHINGTON PROBATE's intellectual property or other rights.

 

This Linking Agreement does not grant a license or any other right in WASHINGTON PROBATE's logo or trademarks other than as set forth in this Agreement. WASHINGTON PROBATE reserves the right in its sole discretion to terminate or modify permission to use the logo and link at any time.

 

January 30, 2003

Amendment No. 1 August 4, 2003

Amendment No. 2 August 12, 2003

Amendment No. 3 September 1, 2003

Amendment No. 4 September 19, 2003

Amendment No. 5 October 26, 2003

Amendment No. 6 December 19, 2003

Amendment No. 7 December 8, 2004

Amendment No. 8 September 30, 2006

 

 

WASHINGTON PROBATE
Instructions & Forms


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