Terms of Use

Last updated: December 14, 2023

Acceptance of Terms.

By accessing or using Probatem LLC, a Virginia limited liability company, and any of our affiliates (collectively, “Probatem”), you agree to be bound by these Terms of Use (also referred to as “Terms”), including our Privacy Policy and understand that this is a legal agreement between you and Probatem. Therefore, you should read this agreement carefully before you utilize our website in any capacity (www.probatem.com) (the “Site”), access any Probatem social media accounts, and/or engage Probatem for any information, products, software, and platforms (collectively, the “Services”) offered and operated by Probatem. Should you object to any term or condition of this Agreement, any guidelines, or modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Services and Site.

Not a Law Firm and No Attorney-Client Privilege.

Information provided by Probatem is for private use and does not constitute legal advice. Probatem does not provide legal advice or representation. Probatem is not a law firm or a substitute for the advice or services of an attorney or law firm. The information provided on this Site is not legal advice. No attorney-client relationship or privilege is formed between a user and Probatem by use of the Site.

Please be advised that users may elect to take part in Services offered by Probatem that may include an attorney referral. Probatem does not receive payment for said attorney referral. Additionally, Probatem will make an attorney referral based only on the limited basis of the practice area of the relevant attorney. Probatem specifically waives any responsibilities and/or warranties as to the qualifications, competency, or resulting guidance of any attorney (whether or not the attorney is referred by Probatem).

Scope of Services.

The scope of services we provide is determined by the plan you choose and pay for. The plans and applicable scope of services are outlined below:

DIY Plan:

The DIY Plan includes our automated software platform for Virginia Estates, which consists of a customized questionnaire, a comprehensive agenda, and pre-filled forms tailored to your specific situation, as applicable, and one consultation to discuss your estate situation and provide a thorough explanation of the forms.

If you desire or need the assistance of an attorney, it is your responsibility to hire legal counsel separate and independent of Probatem. If you decide to engage the services of an attorney, their fees for services will apply and are separate from the Probatem fee.

Support Plan:

The Support Plan includes our automated software platform for Virginia Estates, which consists of a customized questionnaire, a comprehensive agenda, and pre-filled forms tailored to your specific situation, as applicable, and a consultation to discuss your estate situation and provide a thorough explanation of the forms. This plan also includes up to 2.5 hours of ongoing support to assist you in completing the forms and addressing any general inquiries you may have.

Full-Service Plan:

The Full-Service Plan includes a dedicated estate expert to assist and prepare all of the required standard Virginia probate forms, which may include, but are not limited to Probate Information Form, Probate Tax Form, List of Heirs, Real Estate Affidavit, Small Estate Affidavit, Virginia DMV Certificate of Authority, Notice regarding Estate, Affidavit of Notice, Inventory, Accounting, Statement in Lieu, and the like. This plan also includes ongoing phone and email support as needed for your Estate.

Please note: Probatem is not a law firm and does not provide legal advice. While Probatem strives to ensure that its automated services are complete, they are intended for use as self-help forms. The material and services are not substitutes for the advice of an attorney. Probatem does not offer any legal advice, opinions, or recommendations about your legal rights, remedies, defenses, options or strategies. If you have a specific question regarding a legal matter, you should seek the counsel of a licensed attorney.

Further, as Probatem is not authorized to practice law, we specifically do not offer or engage in any of the following:

Give advice or counsel to an entity or person in any matter involving the application of legal principles to facts.
Select, draft or complete legal documents or agreements that affect the legal rights of an entity or person.
Represent another entity or person before a tribunal.
Negotiate the legal rights or responsibilities on behalf of another entity or person.

We offer a range of online tools and resources to support you in preparing probate forms and managing the estate process. Our goal is to ensure that our Services remain current and up to date. However, it’s important to note that they do not constitute legal advice and are not guaranteed to be correct, complete, or current. The law is a rapidly changing landscape that varies across jurisdictions and can be subject to interpretation by different courts.

Since the law is a personal matter, it’s essential to recognize that general information or legal tools, like the ones we provide, may not apply to every circumstance. It’s important to understand that our Services do not constitute legal advice or the practice of law, and the forms provided may not be tailored to your individual needs. If you require legal advice for your specific issue or if it is too complex for our tools to address, we recommend consulting a licensed attorney in your area. Probatem shall comply with all applicable laws for the performance of any of its Services.

It is the User’s responsibility to provide accurate information and utilize the Probatem platform appropriately and as outlined in the Terms of Service.

Ownership.

Users of the site retain all right, title, and interest in anything they choose to upload, store, or create on the Site. You grant permission for Probatem to use your shared materials in connection with providing its Services to you. Probatem may preserve your shared materials and disclose them if required to do so by law, to enforce the Terms, to respond to claims that any content violates the rights of third parties, or to protect the rights of Probatem, its users, and the public. Probatem shall not be held liable for failure to protect shared materials, and it shall be solely your responsibility to monitor and protect any intellectual property rights that you may have in your shared materials. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

Any shared materials that in any way violate a third party’s copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, or any other right without the express permission of the owner of the respective right is forbidden. You are solely responsible for any damages resulting for your failure to obtain such permissions or from any other harm resulting from the shared materials you submit to Probatem.

Personal Information and Site Accounts.

Users must provide current and accurate information to the Site to obtain the Services. Failure to do so constitutes a breach of these Terms, which may result in termination of your Site account. You are responsible for safeguarding the password you use to access the Services and/or the Site, and for any actions under your password, whether your password is used on our Site or a third-party service. You agree to notify us immediately upon becoming aware of any breach or unauthorized use of your account. By creating an account, you agree to receive communications from Probatem and understand that you may unsubscribe from said communications at any time.

Termination.

Probatem reserves the sole right to downgrade, terminate, or block user access to the Site and/or the Services at any time without prior notice, and for any reason, including but not limited to failure to comply with the Terms. Probatem will provide you with notice at your registered email address if your account is so downgraded, blocked, or terminated. Probatem also reserves the right to modify or discontinue, either temporarily or permanently, any part of its Services with notice. You agree that Probatem will not be liable to you or to any third party for any modification, suspension, or discontinuance of your account or use of the Site and/or Services.

Electronic Communications.

Visiting the Site or sending emails to Probatem constitutes electronic communications. Users of the Site and its Services hereby consent to receive electronic communications from Probatem and agree that all such agreements, notices, disclosures, and other communications that are provided electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Probatem adheres to all federal and/or state laws including the Computer Fraud & Abuse Act (CFAA) and Stored Communications Act (SCA).

No Prohibited Use.

Users warrant to Probatem that they will not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site or access the Services in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or Services. Users may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or Services.

All content included on the Site or through the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any forms or software used on the Site, is the property of Probatem or its associates and protected by copyright or other laws that protect intellectual property and proprietary rights. Users agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

Users will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Probatem-based content is not for resale. Use of the Site or services does not entitle a user to make any unauthorized use of any protected content. Users will not delete or alter any proprietary rights or attribution notices in any content. Probatem does not grant users any licenses, express or implied, to the intellectual property of Probatem or our licensors except as expressly authorized by these Terms.

Licenses.

Users of the Site and the Services are granted by Probatem a non-exclusive, limited, non-transferable, revocable license to use the Services in compliance with the Terms herein. Users may retain for personal records only their electronic and/or print copies of documentation originated by Probatem. Sale of any content of Probatem documentation or forms is strictly forbidden, and Probatem reserves any of its rights over said content that are not expressly granted in these Terms.

Any documents created by users through the Services may be downloaded, viewed, copied, and printed on a single computer solely for personal, informational use. There shall be no commercial use of any Probatem materials. You may not copy Probatem’s forms or documents for unauthorized use or sale. All Probatem documents or forms must contain unaltered the copyright and trademark notices, where provided, and shall not be used on any other website or modified in any way. The only permissible modification shall be for the authorized editing of Probatem’s downloadable forms for personal use.

This permission terminates automatically without notice upon breach of the Terms. Upon termination, the user agrees to immediately destroy electronic or printed copies of the materials it obtained from Probatem. Unauthorized use of Probatem materials is a violation of its intellectual property rights. Resale or unauthorized distribution of materials downloaded from the Probatem website is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express, written consent of Probatem.

Intellectual Property Rights

Probatem retains all right, title, and interest in and to the Site, the Services, and the documents and forms provided. This includes, without limitation, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, interactive features, and all related intellectual property rights. Except as expressly stated in the Terms, you may not, and may not permit others, to modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our intellectual property or any items over which our intellectual property rights apply. You further may not sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt, or edit any of Probatem’s our intellectual property or any items over which our intellectual property rights apply. It is expressly forbidden to circumvent or disable any security or technological features of our Site or Services.

The design, text, graphics, selection, and arrangement thereof and services and the forms, documents, guidance and other content found on our Site is protected. “Probatem” is currently pending as a registered trademark in the U.S. Patent and Trademark Office, and belongs exclusively to Probatem LLC. These and any other Probatem product or service names or slogans displayed on Probatem products are trademarks of Probatem, LLC. Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of Probatem’s trademarks displayed on our website. All goodwill generated from the use of Probatem’s trademarks is reserved for the use of Probatem, exclusively.

Copyright Violations.

If you believe any material on our Site infringes upon any copyright which you own or control, please contact us immediately.

Links to Third Party Sites.

Probatem may contain links to other websites and mobile applications. These links are not under the control of Probatem, and as such, Probatem is responsible for the contents of any linked website or mobile application, including but not limited to any link contained in a link or any changes or updates to a link. Probatem provides third-party links to you only as a convenience, and the inclusion of any link does not imply endorsement by Probatem of the link or any association with its operators. Certain services made available via the Services are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Services, you hereby acknowledge and consent that Probatem may share such information and data with any third party with whom Probatem has a contractual relationship to provide the requested product, service, or functionality on behalf of Probatem. You acknowledge that you bear all risks associated with access to and use of content provided on a third-party site and agree that we are not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable third-party site if you have any concerns regarding such links or the content located on any such third-party site.

Disclaimer of Representations and Liability.

THE INFORMATION, SOFTWARE, PRODUCTS, and SERVICES MADE AVAILABLE THROUGH PROBATEM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. PROBATEM MAY AT ANY TIME MAKE IMPROVEEMNTS OR CHANGES TO ITS SERVICES OR SITE. INFORMATION RECEIVED VIA PROBATEM SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, OR FINANCIAL DECISIONS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

PROBATEM MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AT ANY TIME. PROBATEM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PROBATEM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROBATEM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROBATEM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER EXPLICITLY INCLUDES AND APPLIES TO ANY DISPUTES BETWEEN USERS WHEREIN PROBATEM IS A THIRD PARTY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

PROBATEM’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO PROBATEM FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.

Indemnification.

On behalf of yourself and your heirs, executors, agents, representatives, and assigns, you fully release, forever discharge, and hold harmless Probatem, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Services, your violation of any of the Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Probatem reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Probatem in asserting any available defenses. You agree to indemnify and hold Probatem and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of any third-party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another.

Dispute Resolution By Binding Arbitration and Class Action Waiver.

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by an arbitrator selected by Probatem in its sole discretion. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. The arbitration will be held within twenty-five (25) miles of the City of Chesapeake, Virginia, or any other location as to which we may then mutually agree. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.

In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

Notwithstanding our agreement to arbitrate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:

Probatem may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use of the Services without first engaging in arbitration
If the agreement to arbitrate provided herein is found to be unenforceable for any reason, then as a condition to your use of the Services, we agree that any resulting judicial proceedings will be brought in the federal or state courts of the Commonwealth of Virginia, and by your continued use of the Services you expressly consent to venue and personal jurisdiction of the courts therein.
Probatem may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with the Terms.

Controlling Law.

These Terms shall be governed and construed in accordance with the law of the Commonwealth of Virginia without regard to its conflict of law provisions.

Entire Agreement.

These Terms constitute the entire agreement between you and Probatem with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.

Waiver, Severability and Assignment.

Probatem’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Probatem may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications.

We reserve the right in our sole discretion to modify or replaces these Terms at any time. If a revision constitutes a material change, we will attempt to provide you with at least thirty (30) days of notice prior to any new provisions taking effect. Probatem has the sole discretion to determine what constitutes a “material change”. By continuing to access or use our Stie or Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree with the revised Terms, your sole remedy is to cease use of the Site and/or Services.

Contact Us.

Probatem does not offer refunds after payment and download of documentation. If you believe you have been billed in error, or if you have questions or comments regarding these Terms, please contact us at https://probatem.com/contact-us/.