1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and California Probate and Trust, PC ("CPT," "we," "us," or "our"). By accessing our website, submitting a contact form, scheduling a consultation, or using any of our services, you accept and agree to be bound by these Terms and our Privacy Policy, HIPAA Compliance Notice, and GDPR Compliance Notice (collectively, the "Agreement").

2. No Attorney-Client Relationship

No Relationship Created by Website Use: Using this website, reading content, submitting a contact form, or sending an email does NOT create an attorney-client relationship.

When a Relationship is Formed: An attorney-client relationship is only established when:

• You have had a consultation with Dustin MacFarlane
• We have agreed to represent you
• We have performed a conflicts check
• Both parties have signed a written engagement agreement
• You have paid any required retainer

Until these conditions are met, we have no duty to you beyond responding to your initial inquiry, and any information you provide is not protected by attorney-client privilege.

3. Not Legal Advice

Content on this website is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and laws change frequently.

Do not rely on this website as a substitute for legal advice from a licensed California attorney familiar with your specific circumstances.

If you need legal advice, contact us for a consultation. Do not make legal decisions based solely on website content, blog posts, or general information.

4. Confidentiality and Privilege

Before Engagement: Information you send via contact forms, email, chat, or phone before an attorney-client relationship is established is NOT confidential and NOT protected by attorney-client privilege.

Do not send confidential information (financial records, health information, sensitive family matters) until we have signed an engagement agreement.

After Engagement: Once we establish an attorney-client relationship, all communications are protected by attorney-client privilege under California Evidence Code § 954 and the California Rules of Professional Conduct.

5. California Licensed Attorney

License Information:

• Dustin MacFarlane, Attorney and Counselor at Law
• California State Bar #272161
• Licensed to practice law in California only
• California Insurance License #4335243

Jurisdictional Limitation: Our services are limited to California law. We do not provide legal services in other states or countries. If your legal matter involves laws outside California, we will refer you to qualified counsel.

Practice Areas: We focus on estate planning, trust administration, and probate administration. We do NOT practice litigation or represent clients in contested court proceedings.

6. No Guarantee of Results

Every case is unique. Prior results, testimonials, case studies, or examples on this website do not guarantee or predict a similar outcome in your matter.

Legal outcomes depend on many factors including specific facts, applicable law, court decisions, and actions of other parties. We cannot and do not guarantee any specific result.

7. Fees and Payment

Fee Structure: Legal fees are discussed during your initial consultation and set forth in a written fee agreement. Fee structures may include:

• Flat fees for estate planning documents
• Hourly rates for trust and probate administration
• Retainer requirements
• Costs and expenses (filing fees, courier services, etc.)

Initial Consultations: Most estate planning consultations are complimentary. Probate and trust administration consultations may have a fee disclosed in advance.

Payment Terms: Payment terms are specified in the engagement agreement. We accept credit cards, checks, and bank transfers. Failure to pay according to the agreement may result in withdrawal from representation.

8. Website Use and Restrictions

You may use this website for lawful purposes only. You agree NOT to:

• Use the website in any way that violates applicable law
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Scrape, copy, or redistribute website content without permission
• Impersonate our firm or any person
• Harass, abuse, or harm others
• Interfere with website functionality or security
• Use automated tools (bots, scrapers) without authorization

9. Intellectual Property

Copyright: All content on this website (text, images, graphics, logos, documents) is owned by California Probate and Trust, PC or licensed to us. Content is protected by U.S. copyright law.

Trademarks: "California Probate and Trust," "CPT Law," and our logos are trademarks of California Probate and Trust, PC.

Limited License: You may view and download content for personal, non-commercial use only. You may not reproduce, distribute, modify, or create derivative works without written permission.

10. Third-Party Links and Services

Our website may contain links to third-party websites or services. We do not control, endorse, or assume responsibility for third-party content, privacy policies, or practices.

Use of third-party websites is at your own risk. We recommend reviewing their terms and privacy policies before use.

11. Privacy and Data Protection

Your use of this website is also governed by our:

• Privacy Policy (including CCPA compliance)
• HIPAA Compliance Notice
• GDPR Compliance Notice (for EU/UK/EEA residents)

12. Disclaimer of Warranties

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Accuracy, reliability, or completeness of information
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation
• Freedom from viruses or harmful components

California law does not allow limitation of implied warranties in certain situations. Some of the above limitations may not apply to you.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CALIFORNIA PROBATE AND TRUST, PC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from use or inability to use the website
• Errors or omissions in content
• Unauthorized access to or alteration of your data

This limitation applies even if we have been advised of the possibility of such damages.

14. Indemnification

You agree to indemnify, defend, and hold harmless California Probate and Trust, PC and its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including attorney fees) arising from:

• Your use of the website
• Your violation of these Terms
• Your violation of any law or third-party rights
• Any content you submit through the website

15. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Any dispute arising from these Terms or use of this website shall be resolved exclusively in the state or federal courts located in Placer County, California. You consent to personal jurisdiction in these courts.

16. Arbitration and Class Action Waiver

Arbitration Agreement: You and California Probate and Trust, PC agree to resolve disputes through binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services) under its Comprehensive Arbitration Rules.

Exceptions: Either party may bring claims in small claims court if they qualify. We may seek injunctive relief in court to protect intellectual property.

Class Action Waiver: You waive the right to participate in class actions, class arbitrations, or representative actions. Claims must be brought individually.

Opt-Out: You may opt out of arbitration within 30 days of accepting these Terms by sending written notice to our office.

17. Modification of Terms

We reserve the right to modify these Terms at any time. Changes will be effective when posted on this page with an updated "Effective Date."

Your continued use of the website after changes constitutes acceptance of the modified Terms. We will notify active clients of material changes via email.

18. Termination

We may terminate or suspend your access to the website at any time, without notice, for violation of these Terms or for any other reason. Upon termination, your right to use the website ceases immediately.

19. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Invalid provisions will be modified to reflect the parties' intent to the greatest extent permitted by law.

20. Entire Agreement

These Terms, together with our Privacy Policy, HIPAA Compliance Notice, GDPR Compliance Notice, and any written engagement agreement, constitute the entire agreement between you and California Probate and Trust, PC regarding use of our website and services.

21. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing.

22. Contact Information

Questions about these Terms of Service? Contact us: