Conditions of Use

Welcome to the Estate Essentials website.  Hughes Estate Group, Attorneys, PLLC and/or its affiliates ("Hughes Estate Group") provide this website to you subject to the conditions set forth below. Please read these conditions carefully. The conditions limit you in specific ways.  If you find these conditions unacceptable or if you do not agree to the conditions, contact us immediately in writing or do not use the website.
By using the Hughes Estate Group website without expressing your dissatisfaction with these conditions in writing prior to using the site, you acknowledge that you have read these Conditions of Use and agree to be bound by them. 
In addition, when you use any current or future Hughes Estate Group service or business, you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business; for example, the terms regarding Legal Document Services. If the following conditions are inconsistent with such Terms, the Terms will control.
PRIVACY
Hughes Estate Group respects your privacy and permits you to control the treatment of your personal information. Please review our Privacy Notice, which also governs your visit to the Hughes Estate Group website, to understand our practices. All terms of Hughes Estate Group’s Privacy Notice is expressly incorporated into this Agreement by reference.
ELECTRONIC COMMUNICATIONS
When you visit the Hughes Estate Group website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
This website is owned and operated by Hughes Estate Group.  All content included on this site, such as text, information, documents, graphics, logos, button icons, images, audio or video clips, digital downloads, data compilations, and software (“Materials”), is the property of Hughes Estate Group and protected by United States and international copyright laws. The materials on this site are the exclusive property of Hughes Estate Group and protected by U.S. and international copyright laws. All software used on this site is the property of Hughes Estate Group or its software suppliers and protected by United States and international copyright laws.
Except as otherwise expressly provided the Hughes Estate Group, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this website shall be construed to confer any license under any of Hughes Estate Group's intellectual property rights, whether by estoppel, implication or otherwise.  Hughes Estate website does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Hughes Estate Group. Any rights not expressly granted herein are reserved by Hughes Estate Group.

TRADEMARKS
HUGHES ESTATE GROUP; HUGHES ESTATE GROUP, ATTORNEYS; HUGHES ESTATE GROUP ATTORNEYS, PLLC; ESTATE ESSENTIALS; ESTATEESSENTIAL.COM; PROBATE ESSENTIALS; PROBATE ESSENTIALS.COM; THE SEVEN CONCERNS; AND THE SEVEN CONCERNS OF CAREFUL PLANNERS and other Hughes Estate Group graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Hughes Estate Group in the U.S. and/or other countries. Hughes Estate Group’s trademarks and trade dress may not be used in connection with any product or service that is not Hughes Estate Group’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hughes Estate Group. All other trademarks not owned by Hughes Estate Group that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hughes Estate Group.
LICENSE AND SITE ACCESS
Hughes Estate Group grants you a limited license to access and make personal use of this site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent the Hughes Estate Group. This limited license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hughes Estate Group. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hughes Estate Group without express written consent. You may not use any metatags or any other "hidden text" utilizing Hughes Estate Group’s name or trademarks without the express written consent of Hughes Estate Group. Any unauthorized use terminates the permission or license granted by Hughes Estate Group.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Hughes Estate Group website so long as the link does not portray Hughes Estate Group, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Hughes Estate Group website logo or other proprietary graphic or trademark as part of the link without express written permission.  Hughes Estate Group further grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) the copyright and trademark notice appearing below appears in such Materials, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Conditions of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this website may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
CLIENT ACCOUNTS
If you utilize the client service features of the Hughes Estate Group website, you are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, username or password.  Hughes Estate Group reserves the right to terminate accounts in its sole discretion.
Hughes Estate Group sells certain products online.  Hughes Estate Group reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
The Hughes Estate Group website offers a blog feature.  Visitors may post to the blog comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Hughes Estate Group reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Hughes Estate Group a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Hughes Estate Group and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Hughes Estate Group for all claims resulting from content you supply. Hughes Estate Group has the right but not the obligation to monitor and edit or remove any activity or content. Hughes Estate Group takes no responsibility and assumes no liability for any content posted by you or any third party.
You are not required to provide your real name when signing up as a user of the Hughes Estate Group blog. The blog permits anonymous or pseudonymous accounts. Any user may request that such member's e-mail address be hidden to provide for additional privacy.

If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Normally, the Hughes Estate Group website staff will not take a role in mediating conflicts between you and other users. Hughes Estate Group does not take responsibility for your behavior or that of other users. Notwithstanding the foregoing, if such a complaint or conflict arises, the user or users may request that the Hughes Estate Group website moderator intervene and attempt to resolve any such dispute. Any such request is not a guarantee that a moderator will (i) intervene, (ii) intervene in a timely manner, (iii) resolve the dispute in favor of one party or the other or (iv) successfully resolve the situation. The decision to intervene rests with the Hughes Estate Group website, in our sole and absolute discretion.

Your access to the postings that users have posted is for your personal use only. If you want to redistribute postings you find, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).

You agree to help protect your account and the security of other users by guarding your password. If you have reason to believe your password has been compromised or there has been any unauthorized use of your account,
COPYRIGHT COMPLAINTS
Hughes Estate Group respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from the Hughes Estate Group website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
SERVICE AND PRODUCT DESCRIPTIONS
In regard to products offered on the Hughes Estate Group website, Hughes Estate Group attempts to be as accurate as possible. However, Hughes Estate Group does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.  If a product offered on the Hughes Estate Group website itself is not as described, your sole remedy is to return it in unused condition.
In regard to services offered or statements found on the Hughes Estate Group website, Hughes Estate Group attempts to be as accurate as possible. However, Hughes Estate Group does not warrant that service descriptions, statements, or other content of this site is accurate, complete, reliable, current, or error-free.  Particularly in regard to statements regarding the law, your best option is to seek the advice of an attorney.
PRICING OF PRODUCTS
With respect to items sold on the Hughes Estate Group website, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process.  Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Hughes Estate Group. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
DISCLAIMER REGARDING LEGAL REPRESENTATION
The information provided in this site is not legal advice, but general information on legal issues commonly encountered. Unless you are an experienced attorney in all the areas of law covered in this website, the information found in this website may be dangerous to rely upon in your particular situation.  In your unique situation, you must contact a trusted attorney.
The Hughes Estate Group website is not a substitute for an attorney or law firm.  The website is not offering legal, accounting, or professional advice applicable to you in your specific situation.  Again, the information contained on the website is general information that is generally accurate and authoritative, but may be inapplicable in your particular situation and inadvisable and inappropriate to rely upon.  If you require legal advice or other expert assistance, the services of a competent professional must be sought.
Further, communications between you and Hughes Estate Group website are protected by our Privacy Notice, but are not protected by the attorney-client privilege or work product doctrine.  The Hughes Estate Group website cannot provide legal advice and can only provide self-help services at your specific direction.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, DOCUMENTS, FORMS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY HUGHES ESTATE GROUP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HUGHES ESTATE GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HUGHES ESTATE GROUP DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF WARRANTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, and NON-INFRINGEMENT. HUGHES ESTATE GROUP DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM THE HUGHES ESTATE GROUP WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HUGHES ESTATE GROUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
HUGHES ESTATE GROUP WEBSITE MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITIES
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.  HUGHES ESTATE GROUP SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

IN NO EVENT SHALL HUGHES ESTATE GROUP, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF HUGHES ESTATE GROUP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless Hughes Estate Group, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

APPLICABLE LAW
By visiting the Hughes Estate Group website, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Hughes Estate Group. You the Hughes Estate Group agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in the state or federal courts located in Davis County, Utah in any such legal action or proceeding.

DISPUTES
Any dispute relating in any way to your visit to the Hughes Estate Group website or to products or services sold or distributed on the Hughes Estate Group website or through the Hughes Estate Group website in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $5,500 shall be adjudicated in any state or federal court in Davis County, Utah, and you consent to exclusive jurisdiction and venue in such courts.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
When accessing the Hughes Estate Group website or using the Hughes Estate Group website's legal document preparation services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Hughes Estate Group user account.

Hughes Estate Group website has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Hughes Estate Group website or of a third party or that violate intellectual property rights generally. Hughes Estate Group website's policy is to remove such infringing content or materials and investigate such allegations immediately.

INAPPROPRIATE CONTENT
When accessing the Site or using the Hughes Estate Group website's services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Hughes Estate Group reserves the right to terminate or delete such material from its servers. Hughes Estate Group will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

COMPLIANCE WITH EXPORT RESTRICTIONS.
You may not access, download, use or export the website or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to the Hughes Estate Group website. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Hughes Estate Law, PLLC
1584 South 500 West, Suite 250
Salt Lake City, Utah 84101
http://www.estateessentials.com

 

Legal Document Services

LEGAL DOCUMENT SERVICES
The Hughes Estate Group website provides an online legal portal to give visitors a general understanding of the law and to provide an automated software solution to individuals who choose to prepare their own legal documents. To that extent, the website includes general information on commonly encountered legal issues.  The website’s services also include a review of your answers for completeness, spelling and grammar, and for internal consistency of names, addresses and the like.  At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.  The Hughes Estate Group website and its services are not substitutes for the advice of an attorney.

Hughes Estate Group strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Hughes Estate Group cannot guarantee that all of the information on its website is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind Hughes Estate Group’s website provides can fit every circumstance.  Furthermore, the legal information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

From time to time, the Hughes Estate Group website may perform certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to (i) legal insurance plans, (ii) third party attorney directory listings, (iii) third party limited scope agreements and (iv) third party attorney referral services. At no time is an attorney-client relationship fostered or created through the performance of any such services.

The Hughes Estate Group website is not intended to create any attorney-client relationship, and your use of the website does not and will not create an attorney-client relationship between you and Hughes Estate Group.  Instead, you are and will be representing yourself in any legal matter you undertake through Hughes Estate Group website's legal document service.

USE OF THE HUGHES ESTATE GROUP WEBSITE’S LEGAL FORMS

On our website and through certain partners, we offer for sale self-help "fill in the blank" forms. If you buy a form on our website, the terms and conditions of these Conditions of Use control. You understand that your purchase and use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.

LICENSE TO USE LEGAL FORMS

Hughes Estate Group grants you a limited, personal, non-exclusive, non-transferable license to use its forms (the "Forms") for your own personal, internal business use, or if you are an attorney or professional, for your client.  Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.

RESALE OF FORMS PROHIBITED

By ordering Forms on our website, you agree that the Forms you purchase may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Hughes Estate Group.

 

Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Hughes Estate Group’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Hughes Estate Group that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Hughes Estate Group’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
Hughes Estate Group
1584 South 500 West, Suite 100
Salt Lake City, Utah 84010
phone: (801) 364-5600
fax: (801) 364-5601
e-mail: web@hegattorneys.com
©Hughes Estate Group, Attorneys, PLLC. All rights reserved.

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