AGREEMENT BETWEEN YOU AND BUSY WILLS, INC.
1. BUSY WILLS, INC. WEBSITE
The Busy Wills, Inc. Website (the “Website”) is comprised of various web pages operated by Busy Wills, Inc.
The Website is offered to you conditioned on your acceptance without modification of the terms contained herein. Your use of the Website constitutes your agreement to all such terms.
Busy Wills, Inc. reserves the right to change the terms under which the Website is offered and your continued use thereof constitutes your acceptance of any such modifications.
3. LINKS TO THIRD PARTY SITES
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Busy Wills, Inc. and Busy Wills, Inc. is not responsible for the contents or data protection policy of any Linked Site. Busy Wills, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or approval by Busy Wills, Inc. of the site or any association with its operators.
4. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant to Busy Wills, Inc. that you will not use the Website for any purpose that is unlawful or prohibited by these terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
5. ESTABLISHING AN ATTORNEY/CLIENT RELATIONSHIP
Busy Wills, Inc. is committed to equal opportunity business practices and does not discriminate on the basis of gender, race, sexual orientation, age or any other protected class. Subject to the foregoing, Busy Wills, Inc. and Attorney Elizabeth Botsford reserve the right to decline entering into an attorney/client relationship with anyone for any reason or no reason.
No attorney/client relationship with Busy Wills, Inc. and/or Attorney Elizabeth Botsford shall exist unless and until:
- the initial intake form is submitted and a conflicts check has been completed and no conflict has been determined to exist;
- an original signed retainer agreement provided by Busy Wills, Inc. is received in unmodified form and accepted by Busy Wills, Inc.; and
- payment is made for legal services by you to Busy Wills, Inc.
When these three conditions have been met, an attorney/client relationship between you and Busy Wills, Inc. shall exist for the sole purpose of the drafting of estate planning documents. Any such attorney/client relationship shall be subject to the retainer agreement, the Rules of Professional Conduct of the State Bar of California and all applicable laws.
Busy Wills, Inc. and Attorney Elizabeth Botsford shall not reveal any information provided in the initial in-take form or the on-line questionnaire, except as required by law. Additionally, once an attorney/client relationship is established, as set forth in this paragraph 5, all and any information provided in the initial in-take form, the 0n-line questionnaire and/or telephone consultation or by any other means of communication shall be held in strict confidence, pursuant to the Rules of Professional Conduct of the State Bar of California and other applicable laws, including but not limited to attorney/client privilege, work product doctrine and all and any other applicable rights to privacy.
The information in the Website is not provided in the course of an attorney/client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice from a licensed attorney.
6. USE OF COMMUNICATION SERVICES
The Website may contain blogs, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Busy Wills, Inc. has no obligation to monitor the Communication Services. However, Busy Wills, Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Busy Wills, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
In relation to your use of any Communication Services, Busy Wills, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Busy Wills, Inc.’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Busy Wills, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Busy Wills, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Busy Wills, Inc. spokespersons, and their views do not necessarily reflect those of Busy Wills, Inc..
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
7. MATERIALS POSTED AT THE WEBSITE’S COMMUNICATION SERVICES
Busy Wills, Inc. does not claim ownership of the materials you post, upload, input or submit to the Website or its associated Communication Services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Busy Wills, Inc., its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Busy Wills, Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Busy Wills, Inc.’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
8. LIABILITY DISCLAIMER
The content on the Website is provided “as is”. Busy Wills, Inc. does not represent that the content will be error-free, timely, free of viruses or other harmful elements, or that defects will be corrected. Neither Busy Wills, Inc. nor any of its affiliates, partners or employees, makes any representations, express or implied, with respect to the timeliness, accuracy or completeness of any of the contents of the Website, and expressly disclaim any liability or warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement. Busy Wills, Inc. expressly disclaims any liability for any action, or failure to take action, in reliance on any of the contents of the Website. Your sole remedy for any dissatisfaction with any of the contents of the Website is to refrain from using the Website.
9. TERMINATION/ACCESS RESTRICTION
Busy Wills, Inc. reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, your agreement with Busy Wills, Inc. relating to the use of the Website is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in California, U.S.A. in all disputes arising out of or relating to the use of the Website. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
11. COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Website are: Copyright 2010 – 2018 Busy Wills, Inc. and/or its suppliers. All rights reserved. “Busy Wills” and “estate planning for busy people” are trademarked phrases. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The Website is designed to provide general information only and should not be construed to be formal legal advice. Your use of the Website does not give rise to the formation of an attorney/client relationship. No attorney/client relationship with Busy Wills, Inc. and/or Attorney Elizabeth Botsford arise unless and until all of the conditions provided in paragraph 5 above are fulfilled.