Section 1. Terms of Use
Except as otherwise expressly stated herein, these Terms of Use (“Terms”) apply to your use of all of the websites that Assemble Law Group, PLLC (hereinafter “Assemble Law Group”, “Washington Wills”, “we”, or “us”) operates, including, but not limited to, https://wa-wills.com and https://www.assemblelaw.com (the “Websites”), as well as the products, information, and services provided through the Websites, including, but not limited to, legal information, definitions, instructions, model forms, blog, blog comments, and customer support services (together with the Websites, the “Services”).
Section 2. Your Agreement to the Terms
YOUR ACCESS TO, USE OF, OR PAYMENT FOR ANY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR PAYMENT FOR SERVICES ON BEHALF OF ANOTHER PERSON, SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services.
Section 3. No Legal Advice
Although Assemble Law Group is a law firm, information on the Websites is not legal advice or legal services and is not a substitute for the advice or services of your own attorney. An attorney you hire would have a duty to learn enough about you to be able to provide you with advice customized to address your specific needs. In contrast, information on the Websites is intended for a wide audience, just like a printed reference book you might find at a law library. We have not become your attorneys simply because you contacted us, accessed information on the Websites, or followed instructions on the Websites, and the Rules of Professional Conduct that relate to the lawyer-client relationship do not apply.
Section 4. Changes to the Terms
From time to time, Washington Wills may change, remove, or add to these Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Terms and indicate the date of revision.
Section 5. Payments
Payments for all Services shall be in the amounts established by Washington Wills and adjusted from time to time in the discretion of Washington Wills. If a person other than you will pay for Services on your behalf, it is your responsibility to require the person paying for the Services to read and agree to these Terms. You shall be primarily responsible for the payment of all Services you sign up to use, even if another person has previously paid or agreed to pay for Services on your behalf.
Section 6. Restrictions for Persons under Age 18
If you are under 18 years of age you are not authorized to use any Services, even if you have the approval of your parent or legal guardian.
Section 7. Content Available through the Services
Provided As-Is. You acknowledge that Washington Wills does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is Washington Wills liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. You agree that you are solely responsible for your reuse of Content made available through the Services. You should review the terms of any applicable license before you use the Content so you know what uses are legally permissible.
Content Owned by Us. Washington Wills reserves all rights in Content owned by Washington Wills.
Section 8. Content Supplied by You
Your Content Responsibilities. You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”) violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
Your Intellectual Property Rights. You retain any intellectual property rights that you may have in Your Content.
Licenses Granted by You. Whenever you post or otherwise share Your Content on or in connection with the Services, you give us a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such Content for the limited purpose of operating, promoting, and improving the Services, to develop new Services, and to comply with lawfully issued subpoenas or court orders.
These licenses continue even if you stop using the Services.
Removal of Your Content. Washington Wills may, but is not obligated to, review Your Content and may (without notice) delete or remove Your Content from the Services if, in its sole discretion, Washington Wills determines that Your Content was transmitted, posted, or otherwise shared in violation of these Terms.
Section 9. Copyright Complaints
To report allegedly infringing Content hosted on a website owned or controlled by Washington Wills, send a Notice of Infringing Materials that complies with the requirements of the Digital Millennium Copyright Act to Washington Wills DMCA Agent, at contact@wa-wills.com.
Section 10. Prohibited Conduct
Violating laws and rights. You may not (a) use any of the Services for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
Spam. You may not use the Services or any information provided through the Services to send any spam (also known as “unsolicited bulk email”).
Disruption. You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services, including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violation any regulation, policy, or procedure of any network, equipment, or server.
Harming Others. You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or inciting of an illegal act. You may not intimidate or harass another through the Services. You may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.
Impersonation or Unauthorized Access. You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services. You may not use or attempt to use another’s account or personal information. You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, by any means.
Section 11. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WASHINGTON WILLS OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WASHINGTON WILLS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY WASHINGTON WILLS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WASHINGTON WILLS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
Section 12. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WASHINGTON WILLS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF WASHINGTON WILLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WASHINGTON WILLS IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Section 13. Indemnification
To the extent authorized by law, you agree to indemnify and hold harmless Washington Wills, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Services.
Section 14. Privacy Policy
Washington Wills is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.
Section 15. Termination
Discretionary Termination. Washington Wills may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Washington Wills at any time and for any reason.
Your breach. If Washington Wills determines that you have violated these Terms, we may, in our discretion, and depending upon our judgement of the severity of the violation, do any of the following: (1) generate a warning to you and, if the violation is the result of the posting or sharing of Content, remove the offending Content; (2) temporarily disable your access to, and use of, the Services; or (3) permanently cancel your access to, and use of, the Services.
Termination of your agreement. If you wish to terminate your agreement to these Terms, you may do so at any time by immediately stopping accessing or using the Services.
Survival. Your agreement to pay for Services, the disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.
Section 16. Miscellaneous Terms
Choice of law: The Terms are governed by and construed by the laws of the State of Washington in the United States, not including its choice of law rules.
Dispute resolution: The parties agree that any disputes between Washington Wills and you concerning these Terms, and/or any of the Services may only brought in a federal or state court of competent jurisdiction sitting in the Western District of Washington, and you hereby consent to the personal jurisdiction and venue of such court.
No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Washington Wills as a result of the Terms or from your use of any of the Services.
Integration: These Terms constitute the entire agreement between you and Washington Wills relating to this subject matter and supersede any and all prior communications and/or agreements between you and Washington Wills relating to access and use of the Services.
The effective date of these Terms is October 14, 2015. These Terms were last updated on January 23, 2018.