Terms of Service

These Terms address use of the Foundation's website, responsibility for its materials, and the procedure for resolving disputes.

1. Scope of this agreement

These Terms of Service ("Terms") are between you and Jacobrakai Foundation, a Washington nonprofit organization based in Tacoma, Pierce County, Washington (the "Foundation," "we," or "us"). They apply to jacobrakai.org and Foundation-operated features that expressly incorporate them (the "Site").

The Site publishes Foundation information, research, court-form resources, threat data, software, demonstrations, and earlier work. Other websites remain subject to their own terms. A separately signed service agreement or specific content license controls its subject matter if it conflicts with these Terms. Unrelated offline conduct and employment are outside this agreement. A separate professional engagement remains governed by its own agreement, subject to any expressly accepted Section 13.5 covenant; that covenant does not create or change the scope of an engagement.

"Foundation Parties" means the Foundation and its current and former directors, officers, employees, volunteers, and contractors, solely in their capacity of providing or operating the Site. They are intended beneficiaries of Sections 9–13 and the related survival provisions, subject to those provisions' obligations and applicable law. This includes claims concerning that Site-related conduct asserted after a person's role ends.

2. Acceptance

You accept these Terms through an affirmative action expressly presented as agreement, such as an unchecked agreement box or an acceptance button accompanied by a conspicuous link. A person accepting for an organization must have authority to bind it. Publication of the Terms, an unrelated button, or a link elsewhere on a page does not establish acceptance.

Section 13.5 requires separate acceptance. General acceptance of these Terms, including acceptance for a client, does not establish a lawyer's or firm's own agreement to that covenant.

Use a feature requiring agreement only if you agree and have legal capacity to do so. A parent or guardian must provide any legally required consent for a minor. Copyright, access restrictions, and applicable law operate according to their own requirements, independently of contractual acceptance.

3. Information and professional advice

The Site provides legal information, not legal advice. Its materials also do not constitute professional security, financial, medical, or other advice. Use creates no attorney-client, fiduciary, consulting, or other professional relationship. Sending a message does not engage us to review a matter, monitor a deadline, represent you, or respond. Professional services require a separate written agreement with an authorized provider.

Research, summaries, automated results, and software may be incomplete, inaccurate, or out of date. Check authoritative sources for current law, court instructions, eligibility, deadlines, and filing requirements. Responsibility for your decisions, filings, systems, and implementation remains with you. Demonstrations and sample transactions have no real-world effect unless the feature expressly states otherwise.

4. Threat data

Threat feeds, indicators, scores, and classifications record observations and assessments. They do not conclusively identify a person or establish unlawful conduct. An address may be shared, reassigned, compromised, or misclassified. Observations may be incomplete, delayed, or incorrect.

Validate the data for your circumstances, test changes, keep backups, and retain a way to reverse automated decisions. A Site classification must not be the sole basis for an allegation against a person or a decision materially affecting rights or access to essential services. We do not promise continuous monitoring, a particular refresh interval, incident prevention, or compatibility with your systems.

5. Content and permissions

The Foundation and its licensors retain their respective rights in original content, software, marks, and designs. Unless a separate license permits more, you may access the Site and download reasonable portions of Foundation-owned material for personal, educational, or internal organizational use, retaining copyright and attribution notices. This permission excludes commercial republication, resale, removal of attribution, and claims of Foundation endorsement.

Specific open-source, open-data, Creative Commons, and public-domain terms control the materials they cover. These Terms do not withdraw a CC0 dedication, reduce existing license rights, claim ownership of government forms or third-party works, or limit fair use or another statutory exception. Third-party rights remain with their owners. Linking to the Site requires no separate permission.

6. Use and access

You may not use the Site to violate law or another person's rights, impersonate someone, distribute malware or spam, publish unlawful material, bypass access controls, use unauthorized credentials, extract nonpublic information, or disrupt the Site. Automated access must respect applicable licenses, documented rate limits, and access restrictions.

Security testing requires express authorization within a defined scope. Permission to use a public feed does not authorize testing of its host. Reports are welcome through our security contact; reporting an issue does not authorize further access. Lawful criticism, protected consumer reviews, reports to authorities, and cooperation with investigations remain permitted.

7. Submissions and privacy

Send only information you are entitled to share. General contact channels are unsuitable for passwords, payment credentials, sealed records, or sensitive personal information. An unsolicited message creates neither professional privilege nor an obligation to accept an engagement. Personal information is governed by the Privacy Policy and applicable law; these Terms grant no additional processing permission.

You retain ownership of submissions and give us nonexclusive permission to receive, store, copy, and use them as reasonably needed to address your request, administer the relevant feature, and meet legal obligations. We may use general product suggestions without an obligation to develop them or pay compensation. This permission does not authorize publication of private correspondence or personal case records.

8. Other services

Linked courts, repositories, publishers, processors, and service providers operate under their own terms. A link or integration supplies no warranty, endorsement, or undertaking to control their conduct. Subject to obligations imposed on us by law, responsibility for their independent acts and omissions remains with them. Review their terms before providing information or making a transaction.

9. Warranties

To the extent permitted by law, the Site and its content are provided "as is" and "as available," without express or implied warranties, including merchantability, fitness for a particular purpose, title, accuracy, and noninfringement. An informal explanation, response, or demonstration creates no warranty or service-level commitment. We do not guarantee uninterrupted access, error-free results, secure transmission, data preservation, or a particular outcome.

You are responsible for evaluating suitability, maintaining backups, and obtaining appropriate advice in light of the risks described in Sections 3 and 4. Duties and liabilities that law makes nonwaivable remain in effect.

10. Release and limits on liability

Ordinary-negligence release. Subject to the exceptions below and where enforceable, you release the Foundation Parties from claims for economic loss caused by their ordinary negligence in preparing, publishing, maintaining, or delivering the Site's free informational content, downloadable tools, or demonstrations. This includes negligent errors, omissions, outdated information, and interruptions. The release covers these activities after acceptance, including resulting loss discovered later.

Excluded damages. Subject to the same exceptions, the Foundation Parties are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, lost profits, lost business opportunities, business interruption, or loss of goodwill arising from the Site, even if advised of the possibility. Recoverable direct damages remain subject to the following limit.

Aggregate limit. Where a claim is not released and a cap is lawful, the Foundation Parties' combined liability for all claims arising from the Site or these Terms is limited to the greater of US $100 or the amount you paid the Foundation for the affected Site feature during the twelve months before the event. Additional claims or defendants do not multiply the limit. A charitable contribution is not a feature-access payment; contribution disputes remain subject to applicable law and any separate donation terms.

Separate limitations. The release, damages exclusions, and cap operate independently where enforceable. They apply to covered claims regardless of legal theory, including contract, warranty, tort, or statute, and to loss discovered after Site use ends. Failure of a limited remedy to accomplish its purpose does not by itself displace an independently enforceable limitation. The following exceptions apply to each limitation.

Exceptions. This section does not exclude or limit liability for fraud, willful misconduct, gross negligence, death or personal injury, or a liability or remedy that law makes nonwaivable. Nonwaivable consumer-protection remedies, statutory damages and fee awards that cannot lawfully be restricted, public injunctive relief, and the Foundation's arbitration-funding obligations remain available. This section does not shorten a statutory filing period. These exceptions control any conflicting wording.

11. Third-party claims

Where permitted by law, you will indemnify the Foundation Parties for reasonable losses, judgments, settlements, and legal expenses from a third-party claim caused by your unlawful Site use, material breach of these Terms, or submission infringing that party's rights. The obligation extends only to the portion caused by your conduct. It excludes a Foundation Party's negligence or other wrongful act.

We will give reasonably prompt notice and an opportunity to participate in the defense. A settlement charged to you requires your written consent, which must not be unreasonably withheld. Bringing a claim against us or disputing these Terms does not itself make you responsible for our defense expenses. Nonwaivable rules on costs and legal fees continue to apply.

12. Binding individual arbitration

12.1 Notice of a dispute

Before starting arbitration, the party asserting the dispute must send an individualized written notice stating the relevant Site activity, reasonably available facts and dates, requested relief, basis for any monetary amount, and claimant's name and contact address. Send notices to the Foundation at [email protected] with the subject "Notice of Dispute." The Foundation must send its notice to a contact address you have provided. Either party may act through an authorized representative. The notice need not disclose privileged material or evidence available only through discovery.

For 60 days after receipt, both parties will make a good-faith effort to resolve the dispute. Either may propose a reasonably scheduled telephone or video conference, with representatives and any required accommodations permitted. Participation is voluntary. An unanswered invitation, scheduling disagreement, or immaterial notice defect does not restart or extend the period. A recipient should promptly identify a material omission.

This process does not delay a qualifying small-claims action, agency complaint, urgent provisional relief, or filing needed to preserve a deadline. Limitation periods are tolled during the notice period where law permits; either party may file to preserve rights if tolling is unavailable or uncertain. Incomplete notice procedures may support a reasonable stay where lawful, not automatic forfeiture of a claim.

12.2 Agreement and scope

Subject to the exceptions and opt-out in Sections 12.5 and 12.7, you and the Foundation agree to binding, individual arbitration of covered Disputes before one neutral arbitrator. A "Dispute" is a claim or disagreement arising out of or relating to access to or use of the Site; its information, data, software, or demonstrations; related communications or representations; Site-related collection, use, disclosure, security, or retention of information; a transaction or feature expressly governed by these Terms; or the interpretation, performance, breach, or termination of these Terms.

This includes claims in contract, warranty, tort (including negligence or fraud), statute, or equity, and related claims against Foundation Parties acting in their Site-related capacity. A Foundation Party invoking arbitration accepts its applicable obligations. Section 12.5's exceptions apply regardless of a claim's label.

The initial agreement covers related events before and after acceptance, unknown claims, and claims discovered after the relationship ends. It excludes a dispute already asserted in writing by either party or pending in a forum at acceptance, unless the parties separately agree to arbitrate it. Arbitration selects the forum for a covered accrued claim; it does not retroactively apply Sections 9–11's disclaimers, release, damages exclusions, cap, or indemnity. Section 1's scope and separate-agreement limits remain effective. Later changes are governed by Section 14.

The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs interpretation and enforcement where applicable. Washington arbitration law applies where applicable and not preempted. The parties' mutual promises to arbitrate provide consideration independently of any payment for a Site feature.

12.3 Administration, hearings, and costs

The designated administrator is the American Arbitration Association (AAA), subject to its acceptance under applicable rules. Designation does not imply membership, affiliation, endorsement, or prior approval. Section 12.8 addresses administrator unavailability.

The AAA Consumer Arbitration Rules, Consumer Due Process Protocol, and applicable fee schedule govern qualifying consumer disputes. The AAA Commercial Arbitration Rules govern other covered disputes. Consumer fee protections apply whenever AAA rules require them, including eligible online-platform disputes with individual, unincorporated users. Free access does not establish commercial-user status. Applicable supplementary rules, including mass-arbitration administration procedures, remain effective. Rules and filing information are available at adr.org.

Consumer hearings may proceed remotely, on documents where appropriate, or at a reasonably convenient location consistent with AAA rules and nonwaivable rights. The Foundation's Tacoma address does not require a consumer to travel there. Nonconsumer hearings take place in Tacoma unless the parties agree otherwise or applicable rules require another arrangement.

The Foundation pays charges allocated to a business under applicable consumer rules. A person entitled to consumer fee protections pays no more than the lesser of the applicable consumer filing fee and the filing fee for a comparable court action. The Foundation pays any difference. Available fee waivers remain available. Other nonconsumer fees follow the applicable AAA rules. Each party ordinarily pays its own lawyers, subject to fee, cost, or other relief authorized by law. These Terms add no loser-pays rule or penalty for bringing a claim.

Each party must have a fair opportunity to present its case and obtain reasonably necessary discovery. The arbitrator may award individual relief available under applicable law, subject to enforceable limitations, and must issue a reasoned written decision. A court with jurisdiction may enter the award. Judicial review is limited by applicable arbitration law.

12.4 Individual proceedings and trial waivers

For disputes validly subject to arbitration, both parties waive a court trial and jury trial and agree to proceed individually, without acting as a class representative or member in a class action or class arbitration. The arbitrator may not decide a class or representative proceeding or combine separate claimants' merits without all affected parties' written consent. Coordinated filings and administration permitted by AAA rules remain available.

Nonwaivable representative and public-injunctive remedies are preserved. A claim or remedy for which the individual-proceeding restriction is unenforceable proceeds in court, rather than class arbitration; remaining arbitrable claims continue in arbitration where lawful. A court decides appropriate sequencing or stays. A valid Section 12.7 opt-out rejects this contractual class restriction and arbitration-related jury waiver.

12.5 Exceptions

Either party may bring an individual claim within a small-claims court's jurisdiction and limits. Nonarbitrable claims remain outside the arbitration agreement, including covered sexual-assault or sexual-harassment disputes when the claimant elects court under federal law. Government complaints and cooperation remain permitted. A request for public injunctive relief that cannot lawfully be waived or required to proceed individually may be brought in a court with jurisdiction.

Either party may seek temporary or provisional judicial relief to protect rights or preserve the status quo pending arbitration, including protection against unauthorized access or misuse of intellectual property. The request does not waive applicable arbitration. The applicant must satisfy the governing requirements for relief, notice, and security.

12.6 Who decides arbitration questions

Subject to the court questions below, both parties separately agree that the arbitrator has exclusive authority over the interpretation, scope, applicability, validity, and enforceability of this arbitration agreement, including whether it is unconscionable, void, or voidable. This mutual delegation agreement is severable from the rest of Section 12 and the Terms. Challenging another provision does not by itself invalidate delegation.

A court decides formation, assent and authority, the effectiveness of an opt-out, challenges specifically to this delegation agreement, which agreement controls when agreements conflict, and the enforceability and effect of Section 12.4's individual-proceeding restriction. It also decides issues that law reserves to a court, including application of the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. Section 12.5's exceptions remain effective.

The arbitrator otherwise decides covered merits and procedural questions. Section 12.3's administrator, hearing, fee, and remedy protections also apply to delegated questions. AAA administrative authority remains subject to the express court reservations here. If delegation alone is unenforceable, the court decides the affected questions; an independently enforceable agreement to arbitrate the underlying Dispute remains effective.

12.7 Opting out within thirty days

To reject arbitration, email [email protected] within 30 days after first accepting this arbitration agreement. Use the subject "Arbitration Opt-Out" and include your name, contact email, approximate acceptance date, and a clear statement that you opt out. No account, postal delivery, explanation, or payment is required. A timely sent email is sufficient without our acknowledgement. Keep a copy.

A valid opt-out rejects arbitration, delegation, and the arbitration-related class and jury waivers together, for both parties. The remaining Terms continue to apply. Opting out does not affect Site access. Section 13 governs court proceedings, subject to its exceptions.

12.8 If arbitration cannot proceed

The Foundation must meet applicable AAA clause-review, registration, and payment requirements. If our noncompliance causes the AAA to decline or end administration, you may proceed in court as applicable rules and law permit. We will not use that noncompliance to require replacement arbitration. If the AAA is otherwise unavailable, the parties may agree on another neutral administrator or seek appropriate court relief under arbitration law. Neither party may appoint the arbitrator unilaterally.

If the entire arbitration agreement is unenforceable, Section 13 governs. Severance must not remove a substantive protection on which the agreement's fairness depends or impose an unagreed procedure.

12.9 Continuing effect

The arbitration agreement, delegation, and applicable class and jury waivers have no contractual expiration date for covered Disputes. Account closure or deletion, cancellation, unsubscribing, inactivity, the end of communications or Site operations, and termination of these Terms do not alone end those obligations. After the opt-out period, a unilateral withdrawal does not itself revoke them.

A timely opt-out, valid superseding agreement, lawful rescission or revocation, and other nonwaivable rights remain effective. Survival concerns the covered Site relationship, events, accrued rights, and continuing obligations; applicable filing periods still govern. Withdrawal of privacy consent and data-deletion rights retain their effect under privacy law. Arbitration survival supplies no continuing permission to process personal information.

13. Governing law and reserved rights

13.1 Governing law and courts

Washington substantive law governs these Terms, without a choice-of-law rule that would defeat that selection. Applicable federal law and nonwaivable protections of another jurisdiction remain effective. Section 12 governs arbitration.

For proceedings properly brought in court, both parties agree to the exclusive jurisdiction of state courts in Pierce County, Washington, or the United States District Court for the Western District of Washington where federal subject-matter jurisdiction exists. Both consent to personal jurisdiction and waive contractual venue and inconvenience objections where law permits. Court rules govern federal case assignment. This agreement creates no federal jurisdiction or additional removal right and preserves small-claims, mandatory-forum, and other nonwaivable exceptions.

Either party may enforce the agreed dispute procedure by an application to compel arbitration, stay proceedings, transfer the action, or dismiss on an available ground, including forum non conveniens where applicable. The applicant must establish the requirements for the particular remedy. Governing law controls service, deadlines, evidence, and judicial review. The Section 12.1 email address is for contractual notices; designation of that address does not itself consent to service of legal process by email.

13.2 Reservation of rights and defenses

The Foundation Parties expressly reserve every legally available right, claim, defense, objection, privilege, immunity, safe harbor, limitation, and remedy, to the fullest extent the governing law permits. This reservation concerns the Site and covered Disputes at every stage: before proceedings, in the original action, on review, and in recognition or enforcement. It extends to every competent court, arbitrator, administrative or regulatory body, and regional or international tribunal under applicable municipal, county, state, provincial, territorial, tribal or other indigenous, federal, national, foreign, regional, supranational, and international law. Sources include constitutions, statutes, regulations, procedural rules, common law, equity, and treaties having applicable legal effect.

Assessment and early disposition. The Foundation will assess claims by their legal and factual basis and pursue early determination where warranted. The existence of a demand does not establish jurisdiction, an enforceable obligation, a viable cause of action, liability, or recoverable loss. Each question remains independently contestable. Supportable grounds may be pursued separately, cumulatively, or in the alternative, subject to required consolidation and preservation. The categories below identify protections without exhausting or limiting this reservation.

Jurisdiction and procedure. Reserved grounds include subject-matter and personal jurisdiction, territorial reach, venue, process, service, standing, capacity, real party in interest, joinder, ripeness, mootness, exhaustion, and legal sufficiency. They include enforcement of arbitration and forum agreements; removal, remand, transfer, forum non conveniens, abstention, and stays; objections to class certification, collective or representative procedure, and consolidation where available; and the right to require the proper party to satisfy the governing burden. Express consents in Section 13.1 and the exceptions and opt-outs in Section 12 control.

Liability and recovery. The reservation reaches every element and prerequisite of a claim, including an available right of action, duty, breach, actionable falsity, fault, intent, reliance, causation, injury, and entitlement to relief. It includes contractual formation, authority, consideration, interpretation, conditions, performance, and discharge; limitation and repose periods; release, settlement, accord and satisfaction, payment, consent, license, preclusion, estoppel, waiver, laches, unclean hands, and other available affirmative or equitable defenses. Preemption, exclusivity of statutory remedies, independent-duty and economic-loss rules, comparative fault, intervening causes, mitigation, credits, setoff, recoupment, and lawful limits on damages, contribution, and indemnity remain reserved. Sections 9–11 apply within their stated scope. A different claim label or requested remedy does not by itself displace an otherwise applicable defense or limitation.

Expression and publication. Reserved protections include speech, press, association, and petition rights; truth, substantial truth, protected opinion, fair-report and litigation privileges; Noerr-Pennington protection for qualifying petitioning; and intellectual-property defenses, including fair use, public-domain status, license, exhaustion, and independent creation. Each applies according to the actual content, conduct, parties, and governing law.

Public-expression remedies. For qualifying claims, the Foundation Parties may invoke Washington's Uniform Public Expression Protection Act, chapter 4.105 RCW, and comparable applicable protections in another jurisdiction. Available relief may include expedited determination, dismissal with prejudice, stays, limits on discovery, interlocutory review, and recovery of authorized costs, reasonable attorney fees, and litigation expenses. Eligibility, exclusions, notice, deadlines, burdens, and the forum's governing procedures remain controlling. A moving party's entitlement to reasonable attorney fees under that Act requires the statutory advance notice; this page is not that notice. Where its requirements are met, RCW 4.24.510 separately provides a defense for qualifying government communications and recovery of expenses, attorney fees, and statutory damages. Its bad-faith exception to statutory damages remains effective.

Statutory protections. The reservation includes 47 U.S.C. § 230 and 17 U.S.C. § 512 where the activity and party meet their requirements. Section 230's publisher protection concerns information supplied by another content provider; Section 512 retains its applicable designated-agent, notice, and other conditions. Eligible individuals retain protections under the federal Volunteer Protection Act, 42 U.S.C. §§ 14501–14505, RCW 4.24.670, and RCW 4.24.264, subject to applicable role, conduct, compensation, licensing, and insurance conditions. Protection of an individual does not itself immunize the Foundation.

Evidence and protective relief. The Foundation Parties retain available objections concerning relevance, proportionality, burden, admissibility, authentication, reliability, expert qualification, privilege, confidentiality, and protected information. These include qualifying attorney-client, work-product, reporter, and individual self-incrimination protections; objections to subpoenas and compelled disclosure; and applications to quash, limit discovery, protect confidential material, or obtain a lawful protective order. An asserted protection remains subject to its actual requirements and the tribunal's authority. Section 13.5 controls an expressly accepted, conflicting expert-evidence covenant within its scope.

Disposition, review, and recovery. Reserved remedies include dismissal, judgment on the pleadings, summary judgment, judgment as a matter of law, appropriate declaratory or injunctive relief, counterclaims, crossclaims, third-party practice, contribution, indemnity, reconsideration, a new trial, appeal, extraordinary review, and lawful review or enforcement of an award or judgment. The Foundation Parties may seek the full recovery of fees, expenses, statutory damages, and sanctions authorized on the established facts by the applicable law, rule, or enforceable separate agreement, including Federal Rule 11, Washington CR 11, RCW 4.84.185, and applicable public-expression statutes. Each application requires its own legal basis, factual support, and required procedure. These Terms add no fee penalty merely for bringing a claim or disputing a provision.

13.3 Cross-border proceedings

Proceedings and enforcement. The Foundation Parties reserve every available objection to extraterritorial application of law, jurisdiction, service, choice of law, comity, evidence, discovery, compelled disclosure, data transfer, recognition, execution, and enforcement. They may seek or oppose recognition, enforcement, security, deferral, or review as governing law permits. Applicable exemptions and protections against attachment or execution remain reserved. A judgment or award must satisfy the requirements of the law and instrument governing the relief sought.

Foreign-country judgments. Within its scope, RCW 6.40A.030 supplies mandatory and discretionary grounds for nonrecognition concerning jurisdiction, impartial tribunals, due process, adequate notice, qualifying fraud, public policy, conflicting judgments, agreed forums, serious inconvenience in the specified circumstances, and judicial integrity. Comparable grounds under other applicable recognition laws remain reserved. The party assigned a burden by governing law must satisfy it.

Foreign defamation judgments. The Foundation Parties expressly reserve the SPEECH Act's protections and remedies, 28 U.S.C. §§ 4101–4105, including opposition to U.S. recognition or enforcement, available removal, and an eligible party's action for declaratory relief. This includes the statutory speech, jurisdiction, and Section 230 requirements and applicable burdens. Under Section 4105, a party successfully opposing enforcement on the specified grounds is entitled to reasonable attorney fees absent exceptional circumstances. An appearance abroad retains the effect prescribed by Section 4102(d). These protections do not purport to control a foreign court or enforcement outside their statutory reach.

Arbitral awards. Qualifying awards remain subject to the New York Convention, applicable implementing legislation, and the law governing the seat and enforcement forum. Reserved grounds include those legally available concerning the arbitration agreement, notice, opportunity to present a case, scope of submission, tribunal composition and procedure, binding effect, setting aside or suspension, arbitrability, and public policy. In U.S. proceedings, this includes applicable relief under 9 U.S.C. §§ 1–16 and 201–208. Each ground retains its statutory or treaty limits and filing requirements; this reservation creates no additional merits appeal or ground for vacatur.

Regional and international procedures. Available treaty-based, regional, supranational, and international petition, review, and remedy procedures remain reserved to every qualifying Foundation Party. Their use depends on the instrument's legal effect, required implementation, party eligibility, forum competence, admissibility, exhaustion, and time requirements. Rights belonging to individuals are asserted by eligible individuals; organizations assert rights they may lawfully hold. No sovereign or diplomatic status, immunity, or otherwise unavailable cause of action is claimed.

13.4 Effect of the reservation

Nonexclusive and continuing. No enumeration exhausts this reservation. Subject to governing preservation rules, identifying, asserting, or resolving one ground does not alone relinquish another. Grounds identified through later investigation or discovery remain available, as do subsequently recognized protections to the extent the law applies them to the relevant events. Listing a protection admits neither its applicability nor any element of an adverse claim. Termination of Site use does not alone extinguish a protection that otherwise survives.

No admission or undertaking through review. Receiving or reviewing a demand, considering a correction, or discussing resolution does not by itself admit liability, establish a professional duty, accept service, or agree to the relief requested. Decisions to assert, narrow, withdraw, settle, or forgo a position remain matters of the Foundation's judgment, subject to applicable law and its agreements. Actual conduct and any binding agreement retain their legal effect.

Assertion in the proceeding. Required notices, defenses, objections, and applications must still be timely made, pleaded, and supported in the particular proceeding. Federal Rule 12(h), Washington CR 12(h), and all applicable consolidation, waiver, forfeiture, amendment, and preservation rules continue to govern. Publication of this reservation does not file a motion, supply statutory notice, stay a proceeding, or preserve a missed deadline.

Specific provisions control. Section 13.1 remains the choice-of-law and forum agreement. The specific consents, obligations, exceptions, and opt-outs in these Terms prevail over this general reservation. It does not select every jurisdiction's law, consent to every forum, revive opted-out arbitration, enlarge Section 10's release or cap, displace arbitration funding, or override nonwaivable rights or liability. Rights existing independently of the Terms remain available under their own requirements whether or not a visitor accepted the Terms; contractual restrictions require an enforceable agreement. Nonwaivable consumer protections, lawful criticism, government reporting, and access to remedies that cannot be restricted remain effective.

13.5 Separately accepted expert-evidence covenant

Separate agreement. This covenant applies only to a lawyer or firm that accepts it in its own capacity through an otherwise enforceable signed agreement or separate affirmative electronic acknowledgement specifically identifying this section (an "Accepting Attorney"). A representative must have actual authority to bind the identified party. Site use, notice of the Terms, client representation, and filing a claim do not establish acceptance.

Scope. After acceptance, an Accepting Attorney may initiate a civil claim concerning the Site or these Terms in court or arbitration against a Foundation Party, either personally or as counsel for another. If the targeted party later brings a connected malpractice claim against that same Accepting Attorney, the following covenant applies. The malpractice claim may be a counterclaim or separate proceeding but must concern the events or professional services at issue in the initiating claim. Chronological sequence alone is insufficient. Jacob Durham is included solely in the Site-related capacity defined in Section 1.

Expert evidence. Where governing law permits, the Accepting Attorney waives any waivable right to require the malpractice claimant to retain, designate, disclose, or present an expert as a prerequisite to pursuing that claim. The Accepting Attorney will not object or seek or support dismissal, summary judgment, judgment as a matter of law, exclusion of otherwise admissible evidence, or other adverse relief solely because the claimant has not retained or presented expert testimony. This includes expert reports, declarations, and opinions on professional standards, breach, causation, and damages. Describing the same objection as evidentiary insufficiency does not change the covenant.

Remaining questions. The claimant must establish a legally cognizable claim and its elements. This covenant and the initiating claim create no attorney-client relationship, professional or fiduciary duty, intended-beneficiary status in legal services, or malpractice liability. Other defenses remain available, including absence of duty, breach, causation, or damages, limitation periods, and applicable litigation privileges and immunities. The Accepting Attorney may challenge actual evidence on other grounds and present its own experts. Client and nonparty rights and protected reports to authorities remain unaffected.

Tribunal authority and duration. The covenant governs the Accepting Attorney's litigation position. The court or arbitrator retains authority over governing law, admissibility, and sufficiency and may independently require expert proof. Mandatory disclosures, deadlines, professional obligations, and orders remain effective, including disclosures for an expert a party elects to use. A valid covenant survives the originating claim and Site use for covered malpractice claims, subject to filing periods. It controls a conflicting general reservation only where enforceable and creates no automatic penalty or admission of liability.

14. Changes and termination

We may correct, change, suspend, or discontinue Site features and reasonably restrict access to address misuse, security, or legal requirements, subject to law and any separate agreement. Free features carry no promise of continuing availability. Termination leaves accrued rights and valid dispute-resolution obligations in place.

Updates identify their date and revision. Material changes require the notice and renewed assent required by law. Arbitration changes apply only after affirmative acceptance and do not alter a dispute already known to either party. Material arbitration changes carry a renewed 30-day opt-out opportunity. Posting a revision does not retroactively bind a visitor or waive an accrued claim.

15. Continuing provisions and contact

Survival. Sections 5 and 9–13, including any validly accepted Section 13.5 covenant, and this section continue after termination for covered activities, accrued rights, and continuing obligations. They retain their stated scope, exceptions, and filing periods, including for claims discovered later. Section 12.9 governs arbitration survival.

Entire agreement and severability. These Terms and expressly incorporated terms constitute the agreement on their stated subject matter, subject to Section 1's separate-agreement and license rules. Failure or delay in enforcement does not by itself waive a right. An invalid provision may be severed only where the remainder can operate lawfully and consistently with the agreement's purpose; Section 12's specific severability provisions take priority. A successor or assignee receives only the rights, obligations, and defenses that law permits to pass, with the same limitations and opt-outs.

Contact Jacobrakai Foundation, Tacoma, Washington, at [email protected]. Use the specified instructions for dispute notices and arbitration opt-outs. Personal information is addressed in the Privacy Policy.