Terms of Use - ezWills.ca Terms of Use

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ezWills.ca Terms and Conditions

The following are the terms and conditions (the "Terms") for the use of the EzWills.ca ® web site (the "Site"), EzWills.ca ® Services, and related material.

1. General

With each visit to the Site you signify your agreement to these Terms.

These Terms were last modified on July 9, 2023.

Housemaxx International Inc. and its suppliers own the EzWills.ca ® trade name, brand and trademark and websites. Hereafter, EzWills.ca ® means Housemaxx International Inc.

EzWills.ca ® Material is defined as any intellectual property, legal materials, documents, web pages, software, products, web links, email, information, or any other materials provided by or previously provided by EzWills.ca ® or the Site, including any portion thereof. EzWills.ca ® Services is defined as any EzWills.ca ® service.

If you do not wish to be bound by these Terms, you are not granted authority to use or access the Site or EzWills.ca ® Material.

1. Use of EzWills.ca ® Material and EzWills.ca ® Services

A. Generally
You agree not to use any EzWills.ca ® Material and EzWills.ca ® Services for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms.

Final Document is defined as the finished legal document for legal document products or other document created through the use of a EzWills.ca ® or any other website linked product. You are granted a Licence when you enter into a free trial, have a subscription or pay for access to a product via LawDepot link.

Any paid or Free Trial Licence granted is subject to the Terms and entitles you to:

1. use Final Documents of the products as specified by the Terms only.
2. make five electronic copies of each Final Document  for your personal use.
3. make necessary mechanical copies (e.g. printed or photocopied) of the Final Documents for your personal records and as       required for completion of the specific transactions for which the Final       Documents are intended.

You may end a Licence in the manner specified on the order page, your account area or the help documentation. EzWills.ca ® and/or any of it affiliates or linked websites retains the right to cancel any sale or Site access at any time, in which case you will only be charged for the time the sale or Site access was in effect.

Your Licence is valid for the country of the document that you select when you purchase your Licence. You will be charged in the currency of that country.
 

If you are not a party in transactions in which a Final Document is used or if you obtained the Final Document under a free trial, you are not allowed to enter into new transactions using the Final Document starting one month after the expiry of the corresponding product access time period.
 

To access products, you must provide credit card details to EzWills.ca ® as required by the Site. EzWills.ca ® will charge credit cards in accordance with displayed pricing in return for access to products and lawful services and if free trials are not cancelled before the specified time period.

Subject to these Terms, if you are evaluating the Site strictly as a potential customer or to participate in our affiliate program, you are granted a licence to evaluate the Site for that purpose only.

1. Legal Advice, Information and Decision Making Responsibility
   EzWills.ca ® is not a law firm and does not provide Legal Advice (as      defined below). Your use of EzWills.ca ® Material or any EzWills.ca ®      Services including its affiliates, partners or linked websites does not      create a solicitor-client relationship between you and EzWills.ca ®.

You agree that all decisions you make on legal matters are your full responsibility and you agree to retain legal counsel licensed to practice in your jurisdiction regarding any legal issue of enough importance to reasonably require it.

You agree that EzWills.ca ® does not provide Legal Advice. If you receive any communication from EzWills.ca ®, its agents, its employees or any other associated entity, which is Legal Advice, you agree that it is NOT a communication authorized by EzWills.ca ® or its affiliates, partners of linked websites and you agree to immediately delete and disregard it.

Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of and for any use you make of EzWills.ca ® Material, and for obtaining any needed assistance from a properly licensed attorney to assess the value of and appropriate uses for any EzWills.ca ® Material.

For the purposes of these Terms, Legal Advice is defined to include the following:

· any legal related communication, work or service which, under the governing law of your jurisdiction, is only allowed to be performed by or under the supervision of a properly licensed attorney;

· advice on which legal document or documents you need or are best for your situation;

· determining the legal consequences that will or could result from how you have created your legal document;

· whether you have included inappropriate, conflicting, or ambiguous information in your legal documents;

· whether you have omitted any necessary provisions or details from your legal documents; and

· whether you require any additional legal documents or legal procedures.

1. Programs
   EzWills.ca ® retains the right to make changes to its Affiliate Program or      other programs as it sees fit.

Detailed Affiliate Program Terms and Conditions can be found at Affiliate Program Terms and Conditions.

1. Restrictions
   To the maximum extent allowable under applicable law, except as explicitly      identified in these terms, you agree not to publish, re-publish, lend, Licence,      give away, look at the software source code, modify the software source      code, post to an Internet web site, or use in an automated system any EzWills.ca      ® Material nor will you utilize EzWills.ca ® Material in any way for the      creation of an automated system or website, nor will you allow or assist a      third party to do so.

You agree to only use EzWills.ca ® Material and the Site along with its partners, affiliates and other website links as a customer only.

Licenses granted are subject to these Terms, and are non-exclusive, non-transferable, and revocable.

The EULA document may be distributed on the internet without time limit by licensed EzWills.ca ® customers as part of a materially non-legal package adding significant value.

The rights granted under these Terms are granted to you only.

If you are an organization, a purchase allows one individual within your organization to exercise the rights granted by these Terms. If multiple individuals within your organization require access, there must be a purchase for each individual. The appointed individual may not be changed.

EzWills.ca ® retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or EzWills.ca ® Material or EzWills.ca ® Services at its discretion.

1. Assignment
   This agreement cannot be assigned.
2. Intellectual Property
   All copyright, trademarks (including its distinguishing guise and/or trade      dress), and other intellectual property rights (registered and      unregistered) of EzWills.ca ® Material belong to EzWills.ca ® and its partners, affiliates, suppliers or linked website owners. EzWills.ca ® reserves all its rights in the EzWills.ca ® Material. Nothing in the Terms grants you a  right or Licence to use any intellectual property rights owned or  controlled by EzWills.ca ® or any other third party except as expressly  provided in these Terms.
   
   In addition, EzWills.ca ® Material, contains information and intellectual      property that is selected and organized by EzWills.ca ® and represents      significant work made by EzWills.ca ® and its partners, affiliates and      linked websites. Nothing in the Terms should be construed as granting any Licence      or right to use any EzWills.ca ® Material or intellectual property displayed      or used in any EzWills.ca ® Material except as expressly provided in the      Terms.

You agree to the following:

1. the EzWills.ca® Material is the property of EzWills.ca ® and its suppliers;
2. you will not use the EzWills.ca ® Material for any purpose other than is expressly       permitted in these Terms;
3. you will not distribute in any medium any EzWills.ca ® Material without EzWills.ca ®       prior written authorization or as expressly provided these Terms.
4. any  distribution or past distribution of any EzWills.ca ® Material that       violates these Terms is subject to liquidated damages in an amount equal       to that which would be payable by a copyright infringer for knowingly       copying a work, and based on each page of any website which uses EzWills.ca       ® Material being a separate work under the Copyright Act and each access       of a page of a website by a customer being a separate publication of a       work.
5. EzWills.ca ®       shall have the right to represent its suppliers in any dispute.
6. LIMITED WARRANTIES
   Except as expressly provided in these Terms, to the maximum extent      permitted under applicable law, EzWills.ca ® Material and EzWills.ca ®      Services are provided "as is" without any kind of warranty.

You accept full responsibility for determining whether EzWills.ca ® Material and EzWills.ca ® Services along with its partners, affiliates or linked websites are suitable for any particular purpose and for protecting yourself against any possible consequential damages.

EzWills.ca ® does not authenticate users' signatures or identities. EzWills.ca ® electronic signature functionality does not track IP addresses, include digital certificates, use a certification authority nor any other third party verification. You accept full responsibility for determining whether an electronic signature is suitable for any particular purpose.

Except as expressly provided in these Terms or where prohibited by law, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of EzWills.ca ® Material and EzWills.ca ® Services, or for inaccessibility of EzWills.ca ® Material and EzWills.ca ® Services whether from errors or omissions in the content of EzWills.ca ® Material and EzWills.ca ® Services or any other linked sites or for any other reason. Use of EzWills.ca ® Material and EzWills.ca ® Services is at your own risk.

EzWills.ca ® does not represent or warrant that EzWills.ca ® Material, the Site or any partners, affiliates or linked websites are free of any harmful materials.

1. Maximum Liability
   Except as expressly provided in these Terms or where prohibited by law,      the maximum liability of EzWills.ca ® is the amount paid to EzWills.ca ®      by the customer; however, where EzWills.ca ® has provided a service, the      maximum liability of EzWills.ca ® for any EzWills.ca ® Services is the      portion of the amount paid to EzWills.ca ® by the customer specifically      for the EzWills.ca ® Services as calculated by EzWills.ca ®.
2. Guarantees and Refunds
       All guarantees are subject to any limitations specified in any EzWills.ca ®      Material. Guarantees are only available to customers who paid on the      product before the guarantee is claimed and are not available on free      promotions. For a guarantee to apply to a product, it must be explicitly promoted in EzWills.ca ® Material for that product at the time of payment.      A customer is only entitled to one Guarantee claim relating to one  Guarantee category of one product. Should a customer accept a Guarantee  related payment from EzWills.ca ®, they waive their right to any      additional claims against EzWills.ca ® regarding any Guarantee unless  otherwise agreed to in writing. EzWills.ca ® has no obligation to refund      one time purchases.
   
       The following additional restrictions apply to the Guarantees payments for      mistakes:
   1. The mistake  must be in the wording of the legal document and not in other text;
   2. The customer was the first person to mention that mistake for that Guarantee category;
   3. Guarantees only apply to EzWills.ca ® mistakes, not to customer mistakes; and
   4. We are only required to pay a customer once for a mistake no matter how many mistakes they may bring to our attention.

A. Free Trial Refund Policy
The terms and conditions of the offer will govern any free trials. EzWills.ca ® has no obligation to refund for free trials properly converted to paid product access to any of its partners, affiliates or linked websites.

B. Annual Subscriptions and Renewals
EzWills.ca ® or its affiliates, partners or linked websites has no obligation to refund renewals unless you notify us before your renewal date that you want to cancel. Annual subscriptions are subject to a refund within 30 days of initial purchase.

C. Legal Guarantee
Subject to any limitations or maximums specified in any EzWills.ca ® Material including the specific guarantee amount, we will NOT cover any damage a customer suffers in a legal judgment, as a result of un-clear EzWills.ca ® or its affiliates, partners or linked websites mistake.

D. Other Guarantees and Refunds
Our maximum liability for any Quality Guarantees specified on the Site is $50 CAN. Other guarantees and refund commitments specified in EzWills.ca ® Material are subject to a maximum of the amount paid by the customer and are subject to a claim being submitted within 30 days of purchase.

1. Client Privacy
   You consent to EzWills.ca ® using your personal information according to      its Privacy Policy.
2. Terms and Headings
       All of the Terms are valid regardless of the heading. To the maximum      extent possible under law, the Terms take precedence over any conflicting EzWills.ca      ® Material should it be judicially found that the conflicting EzWills.ca ®      Material is legally relevant to this Agreement under law.
3. Indemnification
   Except where prohibited by law, you agree to indemnify and hold EzWills.ca      ®, its directors, officers and employees, harmless from any actions,      claims, losses, damages, liabilities and expenses including legal fees,      asserted by any third party due to or arising out of your use of the Site      or EzWills.ca ® Material or EzWills.ca ® Services.
4. Governing Law
       Except where prohibited by law, the Terms are governed by the laws of the      Province of Alberta, Canada. Except where prohibited by law, you      irrevocably attorn to the exclusive jurisdiction of the courts of Calgary,      Alberta, Canada.
5. Binding Arbitration
   Subject to exceptions specified herein, if you and EzWills.ca ® are unable      to resolve any dispute by informal negotiations, then any resolution of      this dispute will be conducted exclusively by binding arbitration.
   
   A request for appointment of an arbitrator must be made in writing. Upon      receipt of the written request, EzWills.ca ® will have 90 days to choose      and appoint an independent and impartial arbitrator. The arbitration will      be held in the City of Calgary, Alberta, Canada.
   
   The cost of the binding arbitration proceedings and any proceeding in      court to confirm or to vacate any arbitration award, including, without      limitation, reasonable attorneys' fees and costs, will be borne by the      unsuccessful party and will be determined and awarded by the arbitrator.
   
   Exceptions to the use of binding arbitration are as follows: EzWills.ca ®      may bring forth a lawsuit, without using binding arbitration, should the      lawsuit involve intellectual property infringement or injunctive relief.      Also, either party may use small claims court.
6. Class Action Waiver
   You will not seek to have the dispute heard as a class action, private      attorney general action or in any other proceeding in which either party      acts or proposes to act in a representative capacity. Arbitration or any      other proceeding to resolve any dispute, in any forum, will be conducted      solely on an individual basis and not combined with another without the      prior written consent of all parties to all affected arbitrations or      proceedings.
7. Modification of the Terms
   Except that you must be informed in a reasonable manner regarding any      pricing increase, EzWills.ca ® may, in its sole discretion, change these      Terms at any time. Other terms and conditions are only valid when signed      in writing by an authorized EzWills.ca ® officer.
8. Severability
   If any term, covenant, condition or provision of these Terms is held by a  court of competent jurisdiction to be invalid, void or unenforceable, such provision is to be excluded to the extent of such invalidity or  unenforceability and all other provisions will remain in full force and effect; and, to the extent permitted and possible, the invalid or   unenforceable provision will be deemed replaced by a provision that is      valid and enforceable and that comes closest to expressing the intention      of such invalid or unenforceable provision.
9. Waivers
       No failure or delay, on the part of EzWills.ca ®, in exercising any right      or power under these Terms will operate as a waiver of such right or      power.
10. Whole Agreement
    Except as explicitly set forth in this agreement, these Terms, the pricing      displayed on the Site, the Site's Disclaimer, and, if you are an  affiliate, the Affiliate Program Terms and Conditions, constitute the  whole agreement between you and Housemaxx International Inc.  notwithstanding any:
    1. EzWills.ca ® Material other than this Agreement,
    2. communication between you and EzWills.ca ®, including telephone, email and online chat assistance, or
    3. announcements, newsletters or promotional materials from EzWills.ca ®.