Terms and Conditions
The following terms and conditions of use govern your use of the www.makeyourownwills.com website and www.makeyourownwills.com content, products and materials. By accessing and using our website, its content and materials, you, the user, acknowledge that you have read and agree to abide by these Terms and Conditions.
www.makeyourownwills.com reserves the right, at its sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time and without notice. Such modifications shall become effective immediately upon the posting thereof.
If you do not wish to be bound by any of these Terms and Conditions, or any subsequent modifications thereto, you are not granted authority to use or access www.makeyourownwills.com's website, content, products or materials and you are to immediately discontinue use of www.makeyourownwills.com's website, content, products and materials.
Disclaimer: www.makeyourownwills.com is an internet-based business providing information, forms and sample documents ONLY. www.makeyourownwills.com is not a law firm, is not a substitute for a lawyer or a law firm and does not provide legal advice. The information, content, templates and products on www.makeyourownwills.com and all inner website pages related thereto (hereinafter the “Website“) are not advice, do not constitute legal advice and do not create a solicitor-client relationship in any way. If you require legal advice, contact a lawyer. You must not rely on the information and materials provided on or through the Website as an alternative to legal advice from your lawyer or other professional legal services provider. If you have any specific questions about any legal matter, you should consult your lawyer or other professional services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.
If you have any questions concerning the appropriateness, completion or use of the products, materials, forms or documents provided by www.makeyourownwills.com or the information contained on the Website you must seek competent legal advice from a lawyer/attorney in your jurisdiction.
www.makeyourownwills.com takes reasonable steps to ensure that the information, forms and sample documents are accurate. This Website includes information that is subject to change without notice.
www.makeyourownwills.com, its agents, employees, contractors and sub-contractors will not be liable for any loss or damage arising directly or indirectly from the possession, publication or use of or reliance on information obtained from this Website or for incorrect completion, signing, usage of documents, products of materials generated by this Website.
Warranties: All information, content, products, and services on the Website or obtained from a web site to which this Website is linked (a “linked web site”) are provided to you “as is” and without any representations or warranties of any kind from www.makeyourownwills.com or the contributing authors of the Website, either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. YOU AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, MATERIALS, FORMS, DOCUMENTS, TEMPLATES AND SAMPLES IS ENTIRELY AT YOUR OWN RISK. www.makeyourownwills.com and the contributing authors of this Website do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made through the Website or a linked web site by any party, or the capabilities or reliability of any product or service obtained from a linked web site. Other than as required under applicable consumer protection law, under no circumstance will www.makeyourownwills.com or the contributing authors of the Website be liable for any loss or damage caused by a User’s reliance on information obtained through the Website or a linked web site, or user’s reliance on any product or service obtained from a linked web site. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Website, or obtained from a linked web site.
Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content. www.makeyourownwills.com and the contributing authors of the Website do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any web sites linked to this Website. Laws change quickly and the User hereby acknowledges that it has or will take extra measures to ensure that legal information they rely upon is up-to-date. The User acknowledges and agrees that it will never assume that any information or opinions provided on the Website applies to his/her specific situation and will also never act or refrain from acting on the basis of any content included in the Website without consulting a legal professional. www.makeyourownwills.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes them available are free of viruses or other harmful components. www.makeyourownwills.com shall not be responsible in any manner whatsoever if you are unable to open, view, download, or access the materials, forms and/or samples.
Access to the Website: www.makeyourownwills.com grants you a limited, revocable, nonexclusive license to access the Website's content, materials, templates and samples for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the materials/forms nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by www.makeyourownwills.com. A limited exception is provided to general purpose internet search engines for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
Use of the Website content, materials, templates and samples beyond the scope of authorized access granted to you by www.makeyourownwills.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Website, its content, materials, templates or samples for other purposes not stated herein, you must first obtain a license from www.makeyourownwills.com.
Prohibited Use: Users of this Website, its content and materials are prohibited from:
relying on the information, using the information, or treating the information as legal advice,
using this information in any other manner whatsoever, other than for general informational and educational purposes,
using, selling, re-packaging or distributing the information, including the questionnaires, in any manner whatsoever, without receiving our prior written consent.
Engaging in such prohibited use may lead to liability on the part of the User.
www.makeyourownwills.com is authorized to take legal and equitable measures to stop such prohibited use and be reimbursed for damages, from the User, should such prohibited use result in a loss or liability to www.makeyourownwills.com.
Pricing and Payment: www.makeyourownwills.com makes templates and documents available for purchase through this Website. www.makeyourownwills.com accepts payment via Stripe Payments Canada Ltd.. By accessing this Website and purchasing our products, the User hereby agrees and accepts the privacy and terms governing Stripe’s Service Agreement. The privacy and terms can be found at https://stripe.com/en-gb-ca/privacy .
All fees will be clearly posted on appropriate locations on our Website. All fees must be paid in advance and are non-refundable. All sales are final. www.makeyourownwills.com reserves the right, in its sole and absolute discretion, to change the pricing and payment method at any time.
Email Communications: Any information sent to www.makeyourownwills.com via Internet email through this site is not secure and does not constitute or create a lawyer-client relationship.
Limitations on Use: You acknowledge that www.makeyourownwills.com may establish limits concerning the user's use of the materials, templates, products and forms, including the maximum number of days that the materials/forms will be available through the Website and the frequency with which the user may access the same. The user hereby agrees that www.makeyourownwills.com has no responsibility or liability for the deletion or failure to store any information submitted or transmitted respecting the materials/forms or the user's purchase thereof. You acknowledge that www.makeyourownwills.com reserves the right at any time to modify or discontinue the materials, templates, forms and/or content without notice to you, and that www.makeyourownwills.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the materials, questionnaires, documents, forms and/or content.
Termination of Service: You hereby agree that www.makeyourownwills.com, in its sole discretion, has the right (but not the obligation) to block your email or IP address, or otherwise prevent or terminate your access to or use of the Website, its content, materials, templates, forms and/or samples immediately and without notice if www.makeyourownwills.com believes, in its sole and absolute discretion, that you have acted inconsistently with these Terms & Conditions. Further, you agree that www.makeyourownwills.com shall not be liable to you or any third party for any termination of your access to the Website its content, materials, forms, templates, documents and samples. Further, you agree not to attempt to use the Website, its content, materials, templates, forms and/or samples after said prevention or termination.
Proprietary Rights: The Website is protected to the maximum extent permitted by intellectual property laws, including copyright laws. Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of www.makeyourownwills.com and its contributing author(s). You further agree not to reproduce, duplicate or copy content, materials, forms and/or samples from the Website without the express written consent of www.makeyourownwills.com and its contributing author(s), and agree to abide by any and all copyright notices displayed on the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website, its content, materials, forms and/or samples without obtaining a license from www.makeyourownwills.com and its contributing author(s) to do so. www.makeyourownwills.com does not at any time transfer to you title, copyright, or any other intellectual property right or interest in the Website, its content, materials, forms and samples . All title, copyright and other intellectual property rights and interests are and shall remain with www.makeyourownwills.com and its contributing author(s).
Questionnaires, Forms, Templates & Documents: The templates, forms and documents created by www.makeyourownwills.com are subject to copyright laws. By printing and using the materials, templates and forms you are acknowledging www.makeyourownwills.com's copyright and intellectual property in the questionnaires, templates, forms and documents and the procedure used to produce the documents and forms.
Limitation of Liability For Use of the Website: The information, templates, products and descriptions of products published on this Website or a linked web site may include inaccuracies or typographical errors, and www.makeyourownwills.com and the contributing authors of this Website specifically disclaim any liability for such inaccuracies or errors. Changes are periodically made to the information on this Website and linked web sites. www.makeyourownwills.com and the contributing authors of this Website may make improvements or changes to the Website at any time. You agree that www.makeyourownwills.com and the contributing authors of this Website, their affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any direct, indirect, punitive, consequential, incidental or special damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of this Website or the interruption, suspension, modification, alteration, or termination of this Website or the content, materials, forms and/or samples or any other reason whatsoever, or a linked web site, or with the delay or inability to use this Website or a linked web site, even if www.makeyourownwills.com or a contributing author of this Website is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labour problems or any force majeure. This Website and its content, materials, forms, templates and samples may be unavailable for reasons including, but not limited to, environmental conditions, technical limitations, defects or failures, limitations of the systems of other telecommunications companies, emergency or public safety requirements, or causes beyond www.makeyourownwills.com’s reasonable control. www.makeyourownwills.com cannot and does not guarantee continuous, uninterrupted or secure access to the Website. The maximum liability of www.makeyourownwills.com and its directors, officers, employees, agents, and legal representatives shall be no more than the amount paid by a User to www.makeyourownwills.com for the content, materials, questionnaires, products, documents and/or forms.
Links to Third Party Web sites: This Website contains linked web sites. www.makeyourownwills.com and the contributing authors of the Website have not investigated, monitored or reviewed these links and are not responsible for the content, accuracy, or opinions expressed in these linked web sites. The inclusion of any link does not imply approval or endorsement by www.makeyourownwills.com or any contributing author of the Website of the linked web sites. If you decide to leave our site and access these third party sites, you do so at your own risk.
Indemnity: You agree to indemnify, save, and hold www.makeyourownwills.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of your use of the Website's content, materials, templates, documents, forms and/or samples, your violation of these Terms and Conditions, your breach of any of the representations and warranties herein, or your violation of any rights of another.
Governing Law: These Terms and Conditions, which constitute an agreement between the User and www.makeyourownwills.com, shall be governed by, construed, interpreted, and enforced in accordance with the laws of the Province of Alberta and the laws of Canada applicable in Alberta. Each of the parties (the User and www.makeyourownwills.com) irrevocably submits and attorns to the exclusive jurisdiction of the courts of Alberta. No party will oppose the enforcement against it in any other jurisdiction of any judgment or order duly obtained from an Alberta court respecting the Terms and Conditions that constitute a legal agreement between the parties. Any action a User, any third party or www.makeyourownwills.com bring to enforce these Terms and Conditions, any agreement or, in connection with any matters related to the Website, its content, materials, templates, goods and services shall be brought only in the courts of the Province of Alberta, and you expressly consent to the jurisdiction of said courts.
Severability: If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, the remainder of the Terms and Conditions shall continue in full force and effect.
Non-Waiver: The failure of www.makeyourownwills.com to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.