State Bar of Wisconsin Fillable Forms Bank Disclaimer, License and Liability Limitation
The Fillable Forms Bank is an electronic database provided by the State Bar of Wisconsin as a subscription service. Purchasers may also buy forms individually for a one time use. The database offers forms, checklists, sample letters, agreements, provisions and descriptions thereof on various areas of law (collectively "Materials"). The Materials may be updated by SBW, and such updates will be provided to library subscribers while the subscription is in force. Any such changes may be made without prior notice, although a good faith effort will be made to notify subscribers of changes within a reasonable time.
ACCEPTANCE OF TERMS THROUGH USE
By purchasing and using the Materials provided on the site, you signify your agreement to all terms, conditions, policies and notices contained or referenced in this agreement. If you do not agree with any provision of this Agreement, do not purchase any of the Materials.
Although every effort has been made to verify the accuracy of all Materials in this database, and every effort will be made to update them as warranted by changes in statutes, regulations, and case law, SBW REMINDS THE SUBSCRIBER THAT ALL MATERIALS ARE PROVIDED WITHOUT WARRANTY, EXPRESS OR IMPLIED, AS TO THEIR LEGAL EFFECT AND COMPLETENESS, as fully set forth below. The Materials should be used as a guide and modified to address the specific facts and circumstances of the transaction or case at issue. Subscribers assume the entire risk of using the Materials.
The attorneys who have drafted the Materials do not warrant those Materials, nor are they creating an attorney-client relationship by providing the Materials or other information on the SBW website.
Non-attorneys should consult a licensed attorney for any legal problems. The State Bar of Wisconsin does not provide legal advice. The Forms products offered by SBW are not a substitute for the advice of an attorney. They were developed for use by attorneys.
Non-attorneys are also reminded that only licensed attorneys may represent others in legal matters. By entering into a subscription agreement with non-attorneys, SBW does not endorse nor encourage their use by non-attorneys nor should they be used by non-attorneys on behalf of any third parties. This admonition is not meant to restrict the use of these materials on behalf of third parties by non-attorneys working directly under the supervision of an attorney representing that third party.
By ordering the Materials, the subscriber agrees they may be used only in a manner consistent with this Agreement; these Materials may not be sold or redistributed without the prior written consent of SBW.
ALL SUBSCRIBERS TO THE State Bar of Wisconsin Fillable Forms Bank MUST AGREE WITH THE FOLLOWING TERMS AND CONDITIONS. USE OF ANY OF THESE MATERIALS SHALL BE DEEMED CONSENT TO THE TERMS OF THIS AGREEMENT.
The Website, Wisbar.org, and any related websites ("the Sites"), as well as all products available thereon, are copyrighted by The State Bar of Wisconsin or by other companies providing content or products sold through the sites. Reproduction, in whole, or in part, of the sites or the products, is strictly prohibited.
These forms will be sold individually for a one time use only during a 60 day period. The single use may occur anytime during this period. Because this is a one-time use purchase, the State Bar bears no responsibility for nor warrants any updates on individual forms during the purchase period.
The forms, sample letters, agreement provisions and descriptions thereof (collectively "Materials") are available on a subscription basis for one-year terms. The subscriber agrees to pay the subscription fee as set out in SBW's fee schedule. If, at any time, the purchaser fails to make any required payment to SBW or to perform any other obligation under this Agreement, SBW, may, without further notice, terminate this Agreement, withhold any updates of the Materials, recover any payments due hereunder, and may collect all costs incurred in enforcing the terms of this Agreement.
Upon expiration of the initial one-year term, this Agreement, unless renewed, shall automatically terminate and the materials may no longer be used in the original or revised format. Renewals are at the subscription fee applicable at the time of renewal. Any renewal shall be subject to the terms and conditions of this Agreement. Failure to pay the annual renewal fee when due may, at the sole discretion of SBW, result in immediate termination of the Agreement and subscription.
This Agreement may be terminated by SBW at any time for violation of this agreement, misuse of these libraries by the purchaser or other good cause. At the time of termination, subscription fees already paid shall be nonrefundable.
The subscriber agrees to comply with all applicable laws in using the SBW website and the Materials.
The products available for purchase from SBW, including forms and all other products, may not be transferred, sold, assigned or redistributed to other persons. Subscribers are granted a nonexclusive license to reproduce and adapt the Materials only on behalf of their clients during the existence of the subscription. Any copyright notices appearing on the Materials shall not be removed or altered. The Materials available on the Sites may not be republished or translated, nor may they be used to make any derivative work for any third party (as that term is defined under the Federal Copyright Act, 17 U.S.C. § 101, et seq.).
Any Materials obtained from the Sites must be used only in accordance with this Agreement regardless of whether they are protected under federal copyright laws.
Except with the prior written consent of SBW, the subscriber may not assign, delegate, pledge, or otherwise transfer this subscription or any other rights or obligations under this Agreement to any third party.
SBW reserves the right to modify these terms and conditions at any time, without prior notice.
This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Wisconsin; by entering into this Agreement the subscriber hereby consents to the personal jurisdiction of such courts for the purpose of litigating any such action.
If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions will remain in effect.
Disclaimer of Warranties and Liabilities
THE MATERIALS AVAILABLE ON THE SITES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
EACH SUBSCRIBER AND USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE MATERIALS. SBW AND ITS AGENTS, OFFICERS, AND AFFILIATES DISCLAIM ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIAL ON THE SITES. SBW WILL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MATERIALS, OR THE INABILITY TO USE SUCH MATERIALS, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHERWISE, AND WHETHER OF NOT SBW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EACH SUBSCRIBER AGREES TO INDEMNIFY AND HOLD HARMLESS SBW FROM ANY THIRD-PARTY CLAIM, ACTION, DEMAND, LOSS, OR DAMAGES (INCLUDING ATTORNEY FEES AND COSTS) ARISING OUT OF OR RELATING TO SUBSCRIBER'S VIOLATION OF THIS AGREEMENT, USE OF THE MATERIALS, OR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF SBW, FOR ANY TYPE OF DAMAGES, SHALL BE LIMITED TO THE TOTAL SUBSCRIPTION FEES PAID BY THE USER MAKING THE CLAIM, WITHIN THE IMMEDIATELY PRECEDING 12-MONTH PERIOD. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
This warranty provides specific legal rights. This warranty will not apply to the extent that any provision of this warranty is prohibited by any federal, state, or local law that cannot be preempted.