Terms
The website located at https://agile-ep.com, as well as any of its subpages and subdomains (the “Site”) is a copyrighted work belonging to Agile Estate Planning, LLC, a Washington limited liability (“Agile EP”, “us”, “our”, and “we”). These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of the Site. These Terms also incorporate Agile EP’s privacy policy, which is located at https://agile-ep.com/privacy-policy.
By accessing or using the Site, or by checking the “Accept” button below, you are accepting these Terms and Privacy Policy (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access or use the Site or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access, and/or use the Site.
1. Access to the Site
1.1 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
1.2 User’s Conduct. As a condition of use, you may NOT (a) take any action or (b) make available any content on or through the Site that: (i) infringes, misappropriates or otherwise violates any intellectual property right, right of publicity, right of privacy or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Agile EP; (vi) interferes with or attempt to interfere with the proper functioning of the Site or uses the Site in any way not expressly permitted by the Agreement; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against the Site, including but not limited to violating or attempting to violate any security features of the Site, introducing viruses, worms, or similar harmful code into the Site, or interfering or attempting to interfere with use of the Site by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the technology and platforms comprising the Site. You agree to take all reasonable steps necessary to protect the Site from unauthorized access, distribution, copying or use.
1.3 Reliance on Information Posted. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
1.4 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Agile EP. Neither these Terms (nor your access to the Site) transfers to you or any third-party any rights, title, or interest in or to such intellectual property rights, Agile EP and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
1.5 Feedback. If you provide Agile EP with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Agile EP all rights in such Feedback and agree that Agile EP shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Agile EP will treat any Feedback you provide to Agile EP as non-confidential and non-proprietary. You agree that you will not submit to Agile EP any information or ideas that you consider to be confidential or proprietary.
2. User Data; Privacy.
3. Third-Party Applications and Providers.
Certain features of the site (for example, sample questionnaires) are hosted by XpressDox Publisher (https://publisher.xpressdox.com/) and utilize XpressDox document automation software (https://xpressdox.com) in connection with the provision of such features accessed on the Site. You will therefore be subject to the privacy policy (https://xpressdox.com/policies/privacy/) and end-user license agreement (https://xpressdox.com/policies/eula/) of XpressDox when accessing the Site and hereby agree to such terms. In addition, the Site may include content, features, and information of and provided by third-parties, and Agile EP may offer or otherwise make available third-party software, products, or platforms that integrate with or may be used in connection with the Site and Services accessed by the Site (“Third-Party Applications”). Third-Party Applications may include linking you or providing you, with certain functionality and access to third-party content, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. You acknowledge that Agile EP is not responsible for such content or services provided by Third-Party Applications. You are solely responsible for dealings with any third-party related to the Site, including the delivery of and payment for goods and services. You agree to comply with and perform all of your obligations under all terms and conditions of third-party providers for such Third-Party Applications.
4. Reliance on Information Posted.
The information presented on or through the Site is made available solely for general information purposes. Agile EP is not a law firm. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
5. Disclaimers; Intended for Use By Lawyers.
6. Limitation on Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AGILE EP, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, MEMBERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. Indemnification.
8. Term and Termination.
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. Agile EP will not have any liability whatsoever to you for any termination of your rights under these Terms.
9. General.
9.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
9.3 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Agile EP, or any products utilizing such data, in violation of the United States export laws or regulations.
9.4 Disclosures. Agile EP is located at: 600 First Ave, Suite 330, PMB 25952, Seattle, Washington 98104, and by email at support@agile-ep.com. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
9.5 Electronic Communications. The communications between you and Agile EP use electronic means, whether when you use the Site or send us emails, or whether Agile EP posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Agile EP in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Agile EP provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
9.6 Other Related Terms and Conditions. Additional terms and conditions may also apply to specific portions, services, or features of the Site, including any applicable End User License Agreement or Subscription Agreements. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. In the event of any inconsistency or conflict between such documents and the Terms of Use, the Subscription Agreement shall first prevail, the End User License Agreement second, then these Terms of Use.
9.7 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Agile EP’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Agile EP may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.