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.
NO WARRANTY
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-attorney Subscribers
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.
ADDITIONAL TERMS
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.
License and Terms of Use (Agreement)
Individual Forms- limited user agreement.
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.
Library subscriptions
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.
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