Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using the FormalWill Inc. website (the "Site"), you agree to follow and be bound by these Terms and Conditions (the "Terms and Conditions") and agree to comply with all applicable laws and regulations. In these Terms and Conditions, the words "you" and "your" refer to each customer or Site visitor, “FormalWill.ca”, “FormalWill”, "we", us" and "our" refer to FormalWill Inc. and "Services" refers to all services provided by us.

It is your responsibility to review these Terms and Conditions periodically. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site. We may revise these Terms and Conditions at any time without notice to you.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR PROVINCE OR TERRITORY AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Please also refer to FormalWill's Privacy Policy and Disclaimer, each of which is incorporated herein by reference. FormalWill.ca 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 Site includes general information on commonly encountered legal issues.

Formal Will Inc. is not a law firm and its employees are not lawyers. FormalWill is not a substitute for the services of a lawyer, and does not dispense or provide any legal advice or recommendations whatsoever to customers about information pertaining to legal advice. We offer a service that allows you to simply answer a range of questions and complete your own Will. We do not review your answers at all or for any purpose including consistency, punctuation, grammar and spelling. We recommend that you seek the advice of a lawyer if you have questions relating to making your Will, you require legal advice, or if you have a complex situation.

FormalWill strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, FormalWill cannot guarantee that all of the information on the Site 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 FormalWill provides can fit every circumstance. Furthermore, the 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 lawyer in your area.

You are responsible for ensuring that you print and electronically store your Will properly as FormalWill may not retain a copy of your Will or any information relating to your responses to FormalWill’s questionnaire.

This Site is not intended to create any lawyer-client relationship, and your use of FormalWill does not and will not create a lawyer-client relationship between you and FormalWill. Instead, you are and will be representing yourself in any legal matter you undertake through FormalWill's Site.

Privacy Policy FormalWill respects your privacy and permits you to control the treatment of your personal information. A complete statement of FormalWill's current Privacy Policy can be found by clicking here. FormalWill's Privacy Policy is expressly incorporated into this Agreement by reference.

When you open an account to use or access certain portions of the Site or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for the maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify FormalWill immediately of any unauthorized use of your account, user name or password. FormalWill shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by FormalWill, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.

By creating an account and password to become a registered account holder and member of FormalWill.ca, you agree to receive electronic communications from FormalWill.ca.  Some of these communications may include, but will not be limited to, information about your account, news, articles, discounts, and information on valuable products and services.  You may withdraw your consent at anytime by emailing privacy@formalwill.ca. In the event that you do not agree with the foregoing, please do not provide your email and select a password to open an account with FormalWill.ca.

In connection with the use of certain FormalWill products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant FormalWill a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service.
Ownership This Site is owned and operated by FormalWill.ca, Inc. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by FormalWill or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by FormalWill, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of FormalWill's intellectual property rights, whether by estoppel, implication or otherwise. FormalWill does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by FormalWill. Any rights not expressly granted herein are reserved by FormalWill. Limited Permission to Download FormalWill hereby 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 Web site 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 Terms and Conditions. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than FormalWill (each a "Third Party Site"). FormalWill works with a number of partners and affiliates whose sites are linked with FormalWill. FormalWill is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Web site accessed from a Third Party Site or any changes or updates to such sites. FormalWill makes no guarantees about the content or quality of the products or services provided by such sites. FormalWill is not responsible for webcasting or any other form of transmission received from any Third Party Site. FormalWill is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FormalWill of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that FormalWill is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site. License to Use. FormalWill grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the "Forms") for your own personal, internal business use. 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. By ordering Forms, you agree that the Forms you purchase may only be used by you for your personal use and may not be sold or redistributed without the express written consent of FormalWill.ca. Additional Terms. Some FormalWill Services may be subject to additional posted guidelines, rules or terms of service ("Additional Terms") and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms and Conditions and the Additional Terms, the Additional Terms will govern for that Service, unless the Additional Terms expressly state that these Terms and Conditions will govern. Rights and Responsibilities of FormalWill. Although it cannot make an absolute guarantee of system security, FormalWill takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.

If FormalWill's technical staff finds that files or processes belonging to a user pose a threat to the proper technical operation of the system or to the security of other members, FormalWill reserves the right to delete those files or to stop those processes. If the FormalWill technical staff suspects a user name is being used by someone who is not authorized by the proper user, FormalWill may temporarily disable that user's access in order to preserve system security. In all such cases, FormalWill will contact the user as soon as feasible. FormalWill reserves the right to refuse service to anyone and to cancel user access at any time for any reason.
Rights and Responsibilities of FormalWill Users or Other Posters of User Content. The use of your FormalWill user account for any illegal activity under the applicable laws of any local, provincial, territorial or federal government is a violation of these Terms and Conditions. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside FormalWill's locality or your own residence.

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, contact FormalWill via email as soon as possible.
NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, FORMALWILL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FORMALWILL 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.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. FORMALWILL 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.
LIMITATION OF LIABILITY. IN NO EVENT SHALL FORMALWILL, 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 FORMALWILL 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 FormalWill, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable lawyers' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials. Submissions. Except as may be required in connection with your use of FormalWill’s Services. FormalWill does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to FormalWill through or in association with this Site shall be considered non-confidential and FormalWill's property. By providing such submissions to FormalWill you hereby assign to FormalWill, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. FormalWill shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content. Compliance with Intellectual Property Laws. When accessing FormalWill or using FormalWill's Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and 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 FormalWill user account.

FormalWill has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of FormalWill or of a third party or that violate intellectual property rights generally. FormalWill's policy is to remove such infringing content or materials and investigate such allegations immediately.
Inappropriate Content. When accessing the Site or using FormalWill'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, provincial, territorial, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.

FormalWill reserves the right to terminate or delete such material from its servers. FormalWill will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or of any applicable laws.
Minors. Persons 1) under the age of 18, or 2) under the age of majority in their province or territory, are not eligible to use this Site and we ask that they do not submit any personal information to us. Copyrights. All Site design, text, graphics, the selection and arrangement thereof are Copyright © 2011 - , FormalWill.ca Inc. ALL RIGHTS RESERVED. Trademarks. FormalWill, FormalWill.ca, the "feather pen” logo, all images and text, and all page headers, custom graphics and button icons are service marks and trademarks of FormalWill. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the Province of Ontario, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a provincial or federal court in Ontario, and in the City of Toronto. You and FormalWill agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in the City of Toronto, Province of Ontario, in any such legal action or proceeding. These Terms and Conditions expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site. Inquiries. BY USING FORMALWILL'S SERVICES OR ACCESSING THE FORMALWILL SITE, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO FORMALWILL VIA THE FORMALWILL SITE CONSTITUTES AN INQUIRY TO FORMALWILL, AND THAT FORMALWILL MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE). Acknowledgement. BY USING FORMALWILL'S SERVICES OR ACCESSING THE FORMALWILL SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.