These terms of use explain how you may use this website (the “Website”). References in these terms to the Website include modernwills.com and all associated web pages. You should read these terms and conditions carefully before using the Website. By accessing or using the Website, or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Website immediately and, in such circumstances, your sole remedy is to discontinue your access or use of the Website. If you have any questions about this website, please contact us at info@modernwills.com.

(1) Definitions.

(a) “Content” means any text, images, graphics, video, audio or other multimedia content, digitized data or code, software or any other information or material submitted to, subsisting on or accessible from the Website.

(b) “we”, “us” or “our” means Modern Wills Law.

(c) “you” or “your” means the person accessing or using the Website or its Content.

(2) Privacy Policy. These terms include our Privacy Policy, which shall be subject to these terms in the event of any conflict or inconsistency.

(3) No Lawyer-Client Relationship. You agree that the presentation of information on the Website, or your submitting of information through the Website, does not establish any form of lawyer-client relationship between you and Modern Wills Law. The information on the Website is public information and is not individualized legal advice. It may include legal information provided solely for informational purposes, but such information is not a substitute for legal or other professional advice. Readers should not rely on or take any action based upon this information; professional advice should be obtained. We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on any information on the Website.

(4) Communication through the Website.

(a) The Website is not a secure means of communication and any information you supply to us will not be treated as confidential. For that reason, you should not submit or send to us any personal confidential information, patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable. You agree not to submit any such information via the Website. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.

(b) Where the Website enables you to communicate with us and/or other users of the Website, you may not use the Website to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Website into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, and similar communications on the Website from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Website nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information.

(c) If you are not a current client of Modern Wills Law and you communicate with us through the Website, please be advised that we are under no obligation to keep confidential your communication nor will any such communication invoke solicitor-client privilege. Thus, unless you have a pre-existing, documented solicitor-client relationship with Modern Wills Law, you agree not to provide any confidential information to us via the Website.

(5) Ownership and Intellectual Property Rights.

(a) All Content, and the selection and arrangement thereof, are the property of Modern Wills Law or its licensors, and are protected by applicable copyright, trademark, patent, trade secret laws and moral rights, whether registered or unregistered anywhere in the world, which are owned and controlled by us or by other parties which have licensed their material to us. Nothing contained on the Website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our intellectual property without our prior written permission.

(b) Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner except to print a copy of a web page for personal, non-commercial use only and provided that our name and copyright notices remain intact. Modification or use of Content for any purpose other than those uses for which this website is designed, or as set out in these terms and conditions, is a violation of our intellectual property rights.

(c) The reposting of any Content obtained from this website to any other website or networked computer environment is prohibited without our prior written consent. Consent to reproduce a blog post written or published by Modern Wills Law must be obtained in writing. Please submit your request to info@modernwills.com.

(d) Nothing in these terms and conditions grants you any rights in the Website other than as necessary to enable you to access the Website. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Website and, in particular, in any digital rights or other security technology embedded or contained within any Content.

(6) Disclaimer. While we use reasonable efforts to include accurate and up-to-date information on the Website, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on the Website is at your own risk and we may suspend or terminate operation of the Website at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Website is provided for your general information purposes only and to inform you about us and our products and news, features, services, and other websites, which may be of interest. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purpose. Additionally, while we make commercially reasonable efforts to ensure that the Website is available, we do not represent, warrant or guarantee in any way the Website's continued availability at all times or uninterrupted use by you of the Website.

(7) Restrictions on Use. The Website is for your personal and non-commercial use only. As a condition of your use of the Website, you agree:

(a) not to use the Website for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;

(b) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Website or its Content in a way that brings us or any third-party into disrepute or causes us to be liable to any third-party;

(c) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third-party or otherwise publish, deep-link, create derivative works from or exploit in any way the Website or its Content except as permitted by us under these terms or as expressly provided under applicable law;

(d) not to use the Website to distribute viruses or malware or other similar harmful software code;

(e) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and

(f) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Website.

We reserve the right to prevent or suspend your access to the Website if you do not comply with any part of these terms and conditions or any applicable law.

(8) Hyperlinks and Third-Party Sites.

(a) The Website may contain hyperlinks or references to third-party websites other than the Website. Any such hyperlinks or references are provided for your convenience only and you access them at your own risk. We have no control over third-party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third-party's website, products, or services. Your use of a third-party website may be governed by the terms and conditions of that third-party site.

(b) Without our express written consent, you agree not to: (i) create or maintain any link from another website to any page on this Website; or (ii) run or display this Website or any Content in frames or through similar means on another website; or (iii) or use any meta tags or any other “hidden text” using the Modern Wills Law name. Should we permit you to create a hyperlink to our website, you agree not to frame our website in such a manner as to disguise authorship, origin, attribution, or intellectual property rights.

(9) Warranties and Limitation of Liability.

(a) You agree that your use of the Website is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Website, including without limitation as to completeness, accuracy and currency or any Content on the Website, or as to satisfactory quality, or fitness for a particular purpose. Additionally, the website and the content are provided on an “as is”, “where is”, and “with all faults” basis, and without any and all warranties, express or implied, including but not limited to any warranties of accuracy, timeliness, reliability, title, merchantability, quality, non-infringement, fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing.

(b) MODERN WILLS LAW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE CONTENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.

(c) IN NO EVENT WILL MODERN WILLS LAW BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE OR THE CONTENT, EVEN IF MODERN WILLS LAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

(d) IN ANY EVENT, OUR TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO THE WEBSITE OR THE CONTENT WILL BE LIMITED TO THE LESSER OF: THE PURCHASE PRICE ACTUALLY PAID BY YOU TO MODERN WILLS LAW TO ACCESS OR USE THE WEBSITE OR THE CONTENT; OR $10.00.

(e) Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the aforementioned exclusions to liability are limited to the fullest extent permitted by law.

(10) Indemnification. You agree to indemnify Modern Wills Law and its partners, employees, agents, licensors, and suppliers, as applicable, (collectively, the “Affiliates“), and to defend and hold each of them harmless, from any and all claims and liabilities (including reasonable legal fees) made by a third-party due to or arising out of: (i) your access or use of the Website and/or the Content; (ii) your breach of these terms and conditions; or (iii) your violation of any third-party rights.

(11) Miscellaneous.

(a) Interpretation. Headings in these terms and conditions are provided for convenience only.

(b) Permitted Users. The Website is intended for and directed to residents of Canada over the age of 18 years.

(c) Currency. These terms are dated November 6, 2020.

(d) Termination. In our sole discretion, we may elect to cancel or terminate your ability to use the Website, or any parts thereof, at any time without notice to you.

(e) Amendments. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Website and by continuing to use and access the Website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

(f) Notices. Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our mailing address at Suite 300, 4838 Richard Road SW, Calgary, AB T3E 6L1 (but we note that this is not an address for legal service of documents; our registered address must be used for formal service) and all notices from us to you will be displayed on our website from to time.

(g) Force Majeure. We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

(h) Severability. If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

(i) Entire Agreement. These terms and conditions (together with the Privacy Policy) contain the entire understanding and agreement between us and you in relation to your use of the Website and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

(j) Assignment. You may not assign, sub-license or otherwise transfer any of your rights and obligations in these terms to any other person.

(k) Choice of Law. The Website is controlled, operated, and administered by Modern Wills Law from within the Province of Alberta, Canada. By accessing the Website, you acknowledge and agree that all matters relating to your access to or use of the Website is be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. You submit to the non-exclusive jurisdiction of the courts of the Province of Alberta with respect to all matters relating to these terms and conditions and your access and use of the Website and the Content.

(l) Language. The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.