Willful’s Terms of Service
Last updated October 20170. Introduction and Acceptance of Terms[MC1]
2. Willful is not a Law Firm and does not provide Legal Advice
4. Keeping your Data Current
5. Limitation of Liability
7. Intellectual Property Rights
8. Grant of Limited Licence
9. Protection of Site
10. Registration and Password
11. Mobile Website
13. Limitations on Use
14. Links to Third Party Sites
15. No Warranties
Terms of Service
(hereinafter referred to as, “You” or the “End User”)
Final Blueprint Inc.
(hereinafter referred to as “We”, “Us”, or the “Site”)
0. Introduction and Acceptance of Terms
Thank you for deciding to use Willful, a service provided by Final Blueprint Inc. We have prepared the following so that You understand the uses and limitations of our services. Please read the following terms and conditions (hereinafter referred as the “Terms”) carefully. By agreeing to these Terms, which is a pre-condition of your subscription to the Service, You are confirming your acceptance of the Terms.
YOU AGREE THAT BY USING THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
2. Willful is not a Law Firm and Does not Provide Legal Advice
Final Blueprint offers an online will service called Willful (hereinafter referred to as the “Service"). Willful is not a law firm and does not provide any legal advice. The Service allows the End User to create a will online using self-help “fill in the blank” forms. If you buy or download a form or document from the Site, you understand that your purchase, download and/or use of a form document is neither legal advice nor the practice of law. Our Services are not substitutes for the advice of a lawyer and if you need legal advice for your specific matter, or if your matter is too complex to be addressed by our tools, you should consult a licensed lawyer in your area. At no time is a lawyer-client relationship or any special relationship created between you and Willful. Any information you provide us is not protected by lawyer-client privilege. You are and will be representing yourself in any matter you undertake using the Service.
We provide online tools and materials to assist you with the preparation, execution and storage of your own legal documents and related information. We strive to keep the documents and other materials available through the Services, including any descriptions, information and other help resources (collectively, the “Document Materials”) current and up-to-date; however, they are not legal advice and are not guaranteed to be correct, complete or up-to-date. The law changes rapidly and 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 we provide can fit every circumstance. We do not review the Document Materials or any information you input for accuracy or legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. You understand that our providing of the Services to you is neither legal advice nor the practice of law, and that the Document Materials are not customized to your particular needs. 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.
If, prior to your use of any legal document, you believe that Willful gave you any legal advice, opinion or recommendation about your legal rights, remedies, defenses, options, selection of forms or strategies, you must not use these documents, and any use of these documents is done at your own risk.
YOU UNDERSTAND THAT ANY WILLFUL ERROR REVIEW IS AN AUTOMATED PROCESS THAT IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. IT IS ON A BEST EFFORT BASIS. YOU WILL READ THE FINAL DOCUMENT(S) BEFORE SIGNING THEM AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).
3. Payment for Service
Fees for Service, in the amount of stated on the Site and any applicable taxes (hereinafter referred to as “Fees”), will be processed at the time you checkout. Once payment is processed, you will be able to purchase and view, download or email your Willful documents.
Payment processing services for customers on Willful are provided by Stripe and are subject to the Stripe Services Agreement. By agreeing to these terms or continuing to operate as a customer on Willful, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Willful enabling payment processing services through Stripe, you agree to provide Willful accurate and complete information, and you authorize Willful to share it and transaction information related to your use of the payment processing services provided by Stripe.
4. Keeping your data current
Notifications to the End User will be emailed to the email address you provide to use. We will use the most recent data that You provide to Us. Failure to update contact details may result in inability to effectively notify Users or may result in sending notifications to an out of date party.
5. Limitation of liability
We will not be liable for any (a) suspension or loss of the Service, (b) use of the Service, (c) interruption of the Service or interruption of your business or personal affairs, (d) access delays or access interruptions to our Website or Service, (e) loss or liability resulting from acts or events beyond our control, (f) data non-delivery, mis-delivery, corruption, destruction or other modification, or (g) loss or liability resulting from the unauthorized use or misuse of your account identifier or password or unauthorized access to your account. We will not be liable for any indirect, special, incidental, or consequential damages of any kind (including but not limited to lost profits, legal fees, or estate related liabilities) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if We have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed the total amount paid by You for the Service.
You, on behalf of yourself and your successors, hereby release, indemnify, and hold Us, as well as our contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties harmless from and against any and all liabilities, claims, damages, costs and expenses, including legal fees and court costs for third party claims, demands, requests, investigations, and proceedings, relating to or arising from your use of the Service.
7. Intellectual Property Rights
The Site and Services, including all content, is the exclusive property of Final Blueprint Inc. and is protected by Canadian and worldwide copyright and trademark laws. By using the Site and Services, You agree to comply with copyright and trademark laws worldwide. You may not modify the content, or reproduce, display, distribute or otherwise use any of the material in any way for public or commercial use unless expressly authorized in writing by Final Blueprint Inc. You may not copy, imitate or use in any manner any text, graphics, images, button icons, company name or logo contained on the Website unless expressly authorized to do so by us.
Willful is a software program that You can access through a personal account via a password protected website. Except as permitted by law, You may not use this software for any purpose, other than those set out within these Terms. You may not attempt to decipher, decompile, disassemble or reverse engineer any of the components of this software, in whole or in part.
8. Grant of limited license
Subject to your compliance with the terms and conditions of these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as designed and as set forth in these Terms of Service. We reserve all rights not expressly granted herein in the Services and the Content (as defined below). We may terminate this license at any time for any reason or no reason.
Subject to the other provisions of these Terms of Service, We grants you permission to download, view, copy and print documents on any single, stand-alone computer or device solely for your personal, informational, non-commercial use. You agree that you will not download, view, copy, print, replicate or modify any documents downloaded from Willful in whole or part other than authorized editing or in the course of making a document accurate or effective for your actual individual use of the document for the purpose for which that kind of document exists. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Service. On any such termination, you agree to immediately destroy any downloaded or printed documents and to cease using the service. Any unauthorized use of any documents contained on the Site or available through the Services may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
9. PROTECTION OF SITE
You may not use the Site in any manner that could damage, disable, overburden or impair it or its application in any way. You may not upload, post or otherwise transmit any materials on this Website that would negatively impact the functioning of this Website, including but not limited to, computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs. You may not use any process or program to monitor, copy, summarize or otherwise extract information from the Service. Violations of system and network security may result in civil or criminal liability.
Should We deem You, in our sole discretion, to be in breach of paragraph 8, We will terminate your use of the Service indefinitely, with no financial liability or recourse to You.
We will use best efforts to implement measures to avoid and eliminate all viruses/ harmful mechanisms.
10. REGISTRATION AND PASSWORD
When You create an account with Willful, your email address and other personal information is required upon your registration. The information You input must be your own and You may not use another person's personal information to access the Service. You may not register an email address which You do not own or for which You do not have the express permission of the owner to use.
When You create an account with Wilful, You are required to provide a password. You may not share your password with any third party for any unauthorized or unlawful purpose or use. You agree to immediately notify us of any unauthorized uses made on your Willful account. We bear no responsibility or liability whatsoever, for any harm or injury that may arise from a third party gaining access to your password, for any reason.
You may change your password as frequently as You deem necessary. You are solely liable and responsible for any loss, damage, harm or other injury which may arise from the unauthorized use of your username and/or password by a third party. We do not limit the number of times You may change your password. We strongly recommends that You change your password periodically. The onus to change your password and to protect the confidentiality of your password rests solely on You.
11. MOBILE WEBSITE
Your Willful account may be accessed via the Site, through a desktop, a smartphone or tablet. Should You access your account via a mobile device, You are solely responsible for safeguarding your device and any access to that device. The responsibility to keep your account secure from unwanted individuals rests solely with You. We assume no responsibility or liability for any account access through any unauthorized access through a mobile device.
By subscribing to the Service, the End User acknowledges and consents to us using the information collected from the End User in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA).
The content of the wills are intended for your use. We do not review the content of the will expressed by subscribers and the Service serves simply as a repository. As such, we do not endorse the views or wishes expressed in the wills nor do we take any responsibility for any actions taken as a result of the expressed wishes.
We will share your personal information with any law enforcement or government agency should we be required to do so by law.
13. LIMITATIONS ON USE
You agree and acknowledge that You will use the Service only for its stated purposes and in a lawful manner. You agree that You will not use Willful in any manner whatsoever, or for any purpose whatsoever, that is harmful to You or to others, or which could be construed as harassment, intimidation or a violation of the privacy rights of others.
14. Links to Third Party Sites
The Site may contain links to third party resources and businesses on the Internet, called here "links" or "Linked Sites." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. We do not sponsor and are not legally associated with any third party "linked sites." We are not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.
We do not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. We are not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.
If you use any service provided on a Linked Site, (a) We will not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) We do not warrant or support any service provided by the third party.
15. NO WARRANTIES
You specifically acknowledge and agree that your use of the Service is at your own risk and that this site and the Service is provided on an “as is”, “as available” and “with all faults” basis. Final Blueprint Inc., its officers, directors, employees, and agents disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Final Blueprint Inc., its officers, directors, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of the site and Service, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to the Service, and/or (iii) the Service found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and We assume no liability or responsibility for same. In addition, You specifically acknowledge and agree that no oral or written information or advice provided by Final Blueprint Inc., its officers, directors, employees, or agents (including without limitation its call center or customer service representatives) will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this site or the Service, and users should not rely on any such information or advice.
The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the Service found at this site.
In the event that any provision of these Terms is deemed to be void or unenforceable in whole or in part, it shall not affect or impair the validity of any other provisions of the Terms.
It is agreed that the laws of the Province of Ontario will apply to these Terms and You hereby agree that the courts of the City of Toronto will be the forum for any disputes arising from or related to these Terms and/or your use of the Service.
All provisions contained within these Terms shall constitute the entire agreement. No provision shall be removed without the prior written consent from Final Blueprint Inc.
Should You not be able to access your account, You will need to contact Willful at firstname.lastname@example.org for assistance.