1. Definitions.
The term "Site" means this website and all of its contents.
The term "Law Office" means the James L. Studt Law Office, PLLC, and its members, officers, directors, and employees.
The term "Terms" means these General Terms of Use.
The term "Materials" includes any information, data, documents, images, photographs, graphics, and/or forms made available and/or contained in or on the Site.
The term "Use" means using, viewing, or downloading any of the contents, Materials or information contained in or on the Site.
The term "Linked Sites" means any site that is located outside of the Site and to which the Site contains a link.
2. Acceptance of Terms.
You agree to these Terms of Use by (i) using the Site or Materials in any way or (ii) merely browsing the Site. You may not use the Site or Materials, or accept the Terms, if (i) you are not of legal age to form a binding contract with the Law Office or (ii) you are prohibited by law from receiving or using the Materials.
3. Use of Site; License of Materials.
a. You agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from the Site. Except as indicated to the contrary, the Law Office hereby grants you a license to view, download and print Materials provided by the Law Office subject to the following conditions:
i. If you download any Materials from this site, you agree to be bound by these license terms;
ii. You may access and use the Materials solely for personal, informational and non- commercial purposes, in accordance with the Terms;
iii. You may not modify, change, or remove any text, copyright or other proprietary notices contained in the Materials;
iv. You may not distribute or sell, rent, lease, license, sublicense, copy or otherwise make the Materials available to others;
v. You may not use the materials in any way other than has been specifically authorized by the Law Office; AND
vi. You agree that any rights granted to you constitute a license and not a transfer of title. You do not obtain any ownership right, title, or other interest in Law Office Materials by downloading, copying, or otherwise using the Site and/or Materials.
b. The Law Office reserves the right to revoke the authorization to view, download and print the Materials at any time, and that such authorization shall be deemed revoked upon removal of the Materials from the Site.
c. Unless otherwise specified, the Site and Materials are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site or Materials.
d. You agree to use the Site and the Materials only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction.
e. You agree that the Site and Materials are for general informational purposes only and do not constitute legal advice. You acknowledge, understand and agree that the Site and Materials are not guaranteed to be current or warranted to be suited for any particular purpose.
f. You acknowledge, understand and agree that the Site and Materials are intended SOLELY for informational purposes regarding Washington State law, and that the Site and Materials are wholly inapplicable in any other state, country or jurisdiction. The Law Office specifically prohibits the use of the Materials in any jurisdiction other than Washington State. The Law Office specifically instructs you that the Site and the Materials are not applicable in any jurisdiction other than Washington State.
g. You agree that you assume all risk of use of the Site and/or Materials, and that proper use of the Site and/or Materials may only be assured by engaging the services of a licensed attorney before relying upon the Site and/or Materials.
h. You agree that your use of the Site and/or Materials is for your own personal use, and that you will not engage in the unlicensed practice of law through your use of the Site and/or Materials.
i. You agree that your use of the Site and/or Materials do not in any way constitute or create an attorney-client relationship between you and the Law Office. You agree that the Law Office does not represent you unless and until you have requested, and the Law Office has accepted, formal representation.
4. Ownership.
a. The Site and Materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights. Except as expressly provided in the Terms, the Law Office does not grant any express or implied rights to use the Site and Materials.
b. The trademarks, logos, trade names and service marks displayed on the Site are the property of the Law Office or third parties. You are not permitted to use such trademarks, logos, trade names or service marks without the prior consent of the Law Office or the third party that may own them.
c. You agree that any rights granted to you constitute a license and not a transfer of title. You do not obtain any ownership right, title, or other interest in Law Office Materials by downloading, copying, or otherwise using the Site and/or Materials.
5. Unlawful or Prohibited Use.
As a condition of your use of the Site and Materials, you will not use the Site or Materials for any purpose that is unlawful or prohibited by these Terms. You agree not to rely upon and/or use the Site or Materials as legal advice of any kind, and that the scope of the Site and Materials is limited to the State of Washington. You agree not to use the Site and/or Materials in any manner that would constitute the unlicensed practice of law.
6. Links to Third Party Sites.
The Site and Materials may include links that will take you to Linked Sites. The Linked Sites are provided by the Law Office to you as a convenience and the inclusion of the links does not imply any endorsement by the Law Office of any Linked Site or any agreement with the content of any Linked Site. The Law Office has no control of the Linked Sites and you agree that the Law Office is not responsible for the availability or contents of any Linked Site (including any advertising, products or other materials on or available from such Linked Site), any link contained in a Linked Site, or any changes or updates to a Linked Site.
7. Modifications to Site and Materials.
The Law Office may at any time and from time to time modify or discontinue, temporarily or permanently, the Site and/or Materials, or any portion thereof, without notice and in its sole discretion. You agree that the Law Office shall not be liable to you or any third party for any use, modification, suspension or discontinuance of the Site or Materials. Your continued use of the Site constitutes your acceptance of the changes. Your use of the Site and Materials is subject to the most current version of the Terms posted on the Site at the time of such use.
8. Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. THE SITE AND MATERIALS ARE PROVIDED BY THE LAW OFFICE "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE LAW OFFICE MAKES NO WARRANTY THAT (I) THE SITE OR MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SITE OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SITE OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION ON THIS SITE OR THROUGH OR FROM USE OF THE MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
b. THE LAW OFFICE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND/OR MATERIALS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING FROM THE DOWNLOAD AND USE OF ANY SUCH MATERIAL. THE LAW OFFICE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR MATERIALS.
c. THE LAW OFFICE DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. THE LAW OFFICE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR SITES, MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE LAW OFFICE DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF THE SITE AND/OR ANY MATERIALS.
9. Limitation of Liability.
a. IN NO EVENT SHALL THE LAW OFFICE, ITS OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF THE LAW OFFICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE AND/OR MATERIALS.
10. Indemnity.
You agree to indemnify and hold the Law Office and its subsidiaries, affiliates, officers, agents, employees, members or other partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site and/or Materials, your connection to the Site and/or Materials, your access to or use of Linked Sites and your connections therewith, your violation of the Terms, or your violation of any rights of another, including any intellectual property rights.
11. General.
a. The Terms constitute the entire agreement between the Law Office and you with respect to your access to or use of the Site and Materials and supersede any prior agreements between you and the Law Office on such subject matter.
b. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without the Law Office's written consent.
c. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible in such jurisdiction so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
d. Any failure by the Law Office to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
e. You agree that the Terms of Use will be subject to interpretation under Washington State law. By using this site, you agree to submit to personal jurisdiction and venue in the Courts in Spokane County, Washington, for any and all disputes, grievances, litigation or other complaints arising from, or related to, your use of this Site and/or the Materials.
f. Your use of the Site and/or Materials constitutes your acceptance of, and agreement to, the above Terms, without limitation.