Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT REGISTER FOR OR USE WISPROBATEFORMS.
These terms and conditions are applicable to and govern your use and access to WisProbateForms product which enables attorneys and legal support personnel (under the supervision of an attorney) to enter information into the intake and other pages and generate probate forms that are automatically filled-in with information from the intake pages and information gathered during accompanying probate form interviews, for use in the probate process.
The following are the terms and conditions for access to this website and use of WisProbateForms. By clicking the ‘I accept’ button on the registration page or by logging in to WisProbateForms’ website, you accept these terms and conditions.
1. Copyright and Trademark Information
Copyright © 2023 WisProbateForms. All rights reserved.
This web site, and the information which it contains, is the property of WisProbateForms and its affiliates and licensors and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “WisProbateForms” is a registered trademark of WisProbateForms Systems LLC., under the applicable laws of the United States.
2. Acknowledgements
Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
WISPROBATEFORMS IS INTENDED FOR USE BY ATTORNEYS AND OTHER LEGAL PROFESSIONALS AND LEGAL SUPPORT STAFF UNDER THE DIRECT SUPERVISION OF AN ATTORNEY.
Your use of WisProbateForms is limited to using it to produce materials in advising clients with respect to their individual circumstances and to file with the court. WisProbateForms are subject to copyright and may not be commercially distributed.
Lawyers should use WisProbateForms as a resource, not as a substitute for their professional judgment or familiarity with probate law. Lawyers using WisProbateForms should consult statutes, cases, and other primary materials before advising the client. Lawyers using WisProbateForms or supervising its use by other legal professionals or support personnel remain solely responsible for any legal advice rendered to their clients and hereby specifically release WisProbateForms for all liability for any errors or omissions that might occur.
3. Products and Support
WisProbateForms is provided subject to these Terms and Conditions of Use, as they may be amended by WisProbateForms, and any guidelines, rules or operating policies that WisProbateForms may establish and post on the WisProbateForms.com and/or WisProbateForms.com web sites from time to time (collectively, the “Agreement”), including without limitation WisProbateForms’ customer Privacy Policy. By posting updated versions of the Agreement on the WisProbateForms.com website, or otherwise providing notice to you, WisProbateForms may modify the terms of the Agreement and may discontinue or revise any or all other aspects of WisProbateForms in its sole discretion. Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement at WisProbateForms’ website. If you are registering for WisProbateForms in your capacity as an employee, you must have the ability to bind your employer by your use of WisProbateForms. Each user of WisProbateForms must be registered with WisProbateForms through the registration form on the WisProbateForms web site or via communication with info@WisProbateForms.com in order to use WisProbateForms. You shall provide true, accurate, current, and complete information about yourself and each authorized user as requested in the registration form.
3.2 Current Materials. WisProbateForms will use commercially reasonable efforts to ensure that all content and forms accessible via WisProbateForms are the most current versions available.
4. Fees and Payment
4.1 Fees. WisProbateForms is a subscription-based product for which WisProbateForms charges in advance an annual subscription fee for access to WisProbateForms for each user. The user will be provided with access to WisProbateForms for the subscription term upon payment of the Invoice sent to you by WisProbateForms and completion of the registration process.
4.2 Payment. Payment for WisProbateForms will be made by a valid credit card accepted by WisProbateForms or by check. Fees are payable in U.S. dollars. Amounts paid for WisProbateForms are not refundable unless otherwise provided herein.
4.3 Term, Automatic Renewal. The term of your subscription is for a one-year period and will renew automatically for successive one-year periods (each requiring payment of an additional subscription fee) unless either party gives the other party notice of its intention not to renew no less than 30 days prior to the expiration of the then current subscription term. At the end of your subscription term, WisProbateForms will attempt to notify you via email that the subscription term is ending and that your access to WisProbateForms will be disabled at the end of the term unless and until payment is received for a renewal subscription term.
5. Restrictions and Responsibilities
5.1 No Rights in Software. This is a subscription Agreement which permits you access to WisProbateForms through the WisProbateForms website and to the forms available through WisProbateForms. You are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through WisProbateForms or any software, documentation, or data related to WisProbateForms (“Software”); remove any proprietary notices or labels from WisProbateForms or any Software, modify, translate, or create derivative works based on WisProbateForms or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to WisProbateForms or any Software.
You may not display, copy, reproduce, or distribute WisProbateForms, any component thereof, any documentation provided in connection with WisProbateForms or the Software, or any content, including but not limited to newsletters, distributed to you by WisProbateForms in connection with WisProbateForms. Violation of these restrictions may result in the termination of this Agreement.
WisProbateForms’ copyright extends to materials produced using WisProbateForms. Accordingly, any materials produced using WisProbateForms may be copied and distributed only as expressly permitted under this Agreement or as otherwise agreed in writing by WisProbateForms. WisProbateForms acknowledges that it has no copyright or other intellectual property right in any data added or inputted by an authorized User of WisProbateForms.
5.2 Permitted Use of WisProbateForms. The Products shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use WisProbateForms or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using WisProbateForms in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or WisProbateForms, then you hereby covenant that, prior to engaging in such activities, you will first request that WisProbateForms perform such work at its standard professional services rates. WisProbateForms can then decide either: (i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.
5.3 Compliance with Laws; Monitoring. You shall use WisProbateForms only in compliance with this Agreement and all applicable laws (including but not limited to policies and laws related to privacy). Although WisProbateForms has no obligation to monitor your use of WisProbateForms, WisProbateForms may do so and may disable your access should it determine that your use of WisProbateForms violates this Agreement.
5.4 Indemnification. You hereby agree to defend, indemnify and hold harmless WisProbateForms and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that (i) arises from any alleged breach by you of this Agreement, (ii) arises from your provision of legal services, or (iii) otherwise arises from or relates to your use of WisProbateForms. In addition, you acknowledge and agree that WisProbateForms has the right to seek damages when you use WisProbateForms for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
5.5 Your Information. In registering for and using WisProbateForms, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to WisProbateForms. WisProbateForms may use this information and any technical information about your use of WisProbateForms to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. WisProbateForms will never sell or rent your information to any third party. In the event WisProbateForms amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.
6. Termination
You may terminate this Agreement at any time by providing WisProbateForms with thirty days (30) advance written notice of termination. There are no refunds for any fees paid in the event that you voluntarily terminate this Agreement.
WisProbateForms may terminate this Agreement or WisProbateForms, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. WisProbateForms shall have no liability to you or any third party because of such termination or action, except that, in the event that WisProbateForms terminates your account without cause, WisProbateForms will refund to you an amount equal to the pro rata subscription fee for the remaining number of days on your subscription term. For all other terminations, there will be no refund of the subscription fee.
7. Warranty Disclaimer; Remedies
Use of WisProbateForms and any reliance by you upon WisProbateForms, including any action taken by you because of such use or reliance, is at your sole risk. You acknowledge that WisProbateForms does not practice law or provide legal advice and is not engaged in rendering legal or other professional services. You acknowledge that laws change over time and that you are ultimately responsible for maintaining your knowledge regarding applicable law. You acknowledge that WisProbateForms may not address all issues arising in a particular situation and may not reflect all applicable laws in your jurisdiction. WisProbateForms does not warrant that WisProbateForms will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of WisProbateForms. WisProbateForms is provided “as is” and WisProbateForms disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement.
Your sole and exclusive remedy for any failure or nonperformance of WisProbateForms shall be for WisProbateForms to use commercially reasonable efforts to adjust or repair WisProbateForms.
8. Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall WisProbateForms or any of its underlying service providers, business partners, information providers, account providers, licensors, officers, directors, employees, distributors or agents (collectively referred to for purposes of this section as ” WisProbateForms “) be liable to you or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, even if WisProbateForms shall have been informed of the possibility of such damages, or for any claim by any other party. In the event that, notwithstanding the foregoing, WisProbateForms is found liable to you for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the maximum aggregate liability of WisProbateForms to you arising in connection with this agreement shall be limited to the amount you paid for WisProbateForms in the twelve (12) months prior to the accrual of the applicable claim, less any damages previously paid by WisProbateForms to you in that twelve (12) month period. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
9. Links to Third-Party Web Sites
This website may contain links to non-WisProbateForms web sites. These links are provided to you as a convenience, and WisProbateForms is not responsible for the content of any linked web site. Any non-WisProbateForms web site accessed from this web site is independent from WisProbateForms, and WisProbateForms has no control over the content of that web site. In addition, a link to any non-WisProbateForms web site does not imply that WisProbateForms endorses or accepts any responsibility for the content or use of such web site.
10. Username and Password
You and your authorized Users are responsible for maintaining the security of their accounts, passwords, and files. WisProbateForms will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents their username and password or similar credentials on-line, by e-mail or by phone. WisProbateForms has no knowledge of your organizational structure, if you are registering for WisProbateForms as an entity, or your personal relationships, if you are a person. WisProbateForms shall not be responsible for the actions of any individuals who misuse or misappropriate your Data or other assets using your username and password.
11. Miscellaneous
11.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
11.2 WisProbateForms and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
11.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind WisProbateForms in any respect whatsoever.
11.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
11.5 The Agreement shall be governed by the laws of the Commonwealth of Wisconsin, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the Wisconsin State Court.
11.6 You are responsible for all taxes payable in connection with your subscription to WisProbateForms other than taxes on WisProbateForms’ income.
Additional Information:
Questions regarding this Statement or the practices of this Site should be directed to WisProbateForms by e-mailing such questions to info@WisProbateForms.com.