Legacy Wills's Terms of Service
Last updated October 2024
Between: You (hereinafter referred to as “You” or the “End User”) and: Legacy Wills LLP (hereinafter referred to as “We,” “Us,” or the “Site”)
Thank you for choosing to utilize the services of Legacy Wills LLP (the “Services,” “Legacy Wills,” “we,” “us,” or “our”), situated in Ancaster, Ontario, Canada. We have created the following content to ensure that you (“you,” “your,” or “End User”) comprehend the applications and restrictions of our Services. Please review these terms and conditions (the “Terms”) thoroughly, as they contain crucial information regarding your usage of the Services. These Terms impact your legal rights and responsibilities. By accessing or using the Services, you confirm that you have read, understood, and agree to comply with these Terms. By consenting to these Terms, which is a prerequisite for your subscription to the Services, you affirm your acceptance. If you do not agree to these Terms, you are prohibited from using the Site or Services.
Modification of the Services and Terms of Use
We reserve the right to add, remove, adjust, discontinue, or otherwise alter our website [https://www.LegacyWill.ca] (the “Site”) or Services, as well as to amend these Terms, at any time and without prior notification or with such notice as required. If we revise these Terms, we will publish the updated version on the Site. The date of the latest revision will be indicated at the beginning of these Terms. Changes will take effect once they are posted on the Site. It is your responsibility to periodically review the Terms as posted on the Site. Your continued use of or access to the Site after any modifications indicates your acceptance of those changes.
YOU AGREE THAT BY UTILIZING THE SERVICES, YOU ARE AT LEAST OF LEGAL AGE IN YOUR PROVINCE OR TERRITORY OF RESIDENCE AND ARE LEGALLY CAPABLE OF ENTERING INTO A CONTRACT.
We Are Not a Law Firm and Do Not Provide Legal Advice
We provide an online will service known as Legacy Wills through the website located at LegacyWill.ca (the “Site”). Legacy Wills is not a law firm. The information we offer is intended for your private use and does not constitute formal legal advice under any circumstances. Legal advice can only be obtained from a qualified attorney licensed to practice in your jurisdiction.
Our basic service (the “Online Legacy Will / Premium Package”) enables the End User to create a will online using self-service “fill in the blank” forms and Power of Attorney documents (the “Materials”). If your situation is too complicated for our Services, you should consult a licensed lawyer to receive legal advice and refrain from using our Services.
We may also offer additional services that you can choose to purchase, such as merchandise or a subscription to store and modify your Materials, or a premium subscription with access to extra features (the “Optional Services”). Details about these Optional Services will be available on the Site. The Basic Service may also include the capability to store and modify your Materials, depending on your package specifics. The Basic Service and any Optional Services are collectively referred to as the “Service” or “Services.”
As Legacy Wills is not a law firm and does not provide legal advice, any communications between you and Legacy Wills may not be protected by legal privilege. Your use of the Services does not establish a lawyer-client relationship with Legacy Wills.
We offer an online platform to assist you in preparing, executing, and storing your Materials and related information. While we strive to keep our tools current and accurate, due to rapidly evolving laws, our tools are not guaranteed to be correct, complete, or up-to-date and may be subject to differing interpretations by courts. The law is a personal matter, and no general information or legal tool like ours can cover every circumstance. We do not review the Materials for accuracy or legal adequacy, draw legal conclusions, or apply the law to your specific situation.
If an error in your Materials is solely caused by Legacy Wills, we will make our best efforts to rectify the error at no extra cost to you.
You acknowledge that Legacy Wills does not independently assess, investigate, or perform due diligence regarding any information you provide and has no liability for any damage or loss related to the accuracy of your data. Your data is your responsibility.
Payment for Service
Fees for the Basic Service, as stated on the Site, along with any applicable taxes (hereinafter referred to as “Basic Service Fees”), will be processed at the time of checkout. Once payment is completed, you will have the ability to view, download, or email the Materials. We reserve the right to modify the Basic Service Fees at any time without prior notice or with such notice as required by applicable law. Legacy Wills also allows you to preview your Materials in draft form before proceeding to payment. This draft is not a legally binding will, and Legacy Wills does not endorse the draft version.
Payment processing for the Basic Service is handled through Wix. By agreeing to these Terms or continuing to use Legacy Wills, you agree to adhere to Wix’s Payment Services Agreement, as it may be amended from time to time. As a condition of using payment processing services through Wix, you agree to provide accurate and complete information, and you authorize us to share this information and transaction details related to your use of the payment processing services provided by Wix.
Fees for any Optional Services, as detailed on the Site along with any applicable taxes (hereinafter referred to as “Optional Service Fees”), will be processed at checkout and subsequently charged as specified on the Site. We may alter the Optional Service Fees at any time without prior notice or with such notice as required by applicable law.
Payment processing for Optional Services may be handled by a payment service provider as disclosed on the Site and will be subject to that provider’s service agreement. By agreeing to these Terms or continuing to use Legacy Wills, you agree to comply with the service agreement of that payment processor, as it may be updated from time to time. As a condition of utilizing payment processing services through such providers, you agree to furnish accurate and complete information and authorize us to share this information and transaction details related to your use of the payment processing services provided by those providers.
Although we typically do not offer refunds or credits for the Basic Service or any Optional Services, we reserve the right to issue refunds or credits at our discretion. If a refund or credit is issued, we are not obligated to provide similar refunds in the future.
Keeping Your Data Current
Notifications to the End User will be sent to the email address you provide. We will rely on the most recent information that you supply. Not updating your contact details may result in ineffective notifications or lead to communications being sent to an outdated recipient.
Liability
(a) We shall not be liable to you or any third party for any losses, damages, fees, or costs arising from:
any errors in the information you input;
omissions in the information you provide; or
content you post to the Site.
(b) To the fullest extent permitted by applicable law, we will not be liable to you or any third party for:
direct damages exceeding the total amount you paid us in the 12-month period prior to the event causing the liability if you or the third party (as applicable) are located outside the Province of Ontario;
direct damages exceeding $2,500 in total if you or the third party (as applicable) are located within the Province of Ontario; and
any indirect, special, incidental, consequential, punitive, or exemplary damages, regardless of whether based on contract, tort, negligence, or any other legal theory, related to the Site or Services; however, this limitation of liability does not apply to any instances of fraud, criminal misconduct, willful misconduct, gross negligence, or malicious or dishonest acts or omissions.
(c) Subject to the limitations and exclusions of liability stated in (a) and (b) above, in the event of a data breach of our systems due to our negligent act or omission that results in your personal information being disclosed to a third party, we will offer you reasonable identity theft protection services on terms determined solely by us.
(d) You acknowledge that the limitations and exclusions of liability outlined above are reasonable given the commercial circumstances anticipated in these Terms, and that we have relied on these limitations and exclusions when entering into these Terms.
Intellectual Property Rights
The Site, Services, and Materials (defined below), including all content, are the exclusive property of LEGACY WILLS LLP and are protected by copyright and trademark laws in Canada and globally. LEGACY WILLS LLP retains all rights concerning the Services, including, but not limited to, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, or any user-generated content.
By utilizing the Site and Services, you agree to comply with copyright and trademark laws worldwide. You may not alter the content, reproduce, display, distribute, lease, sell, create derivative works (in whole or in part) based on the Service or any materials made available through the Service, or otherwise use any of the material for public or commercial purposes unless expressly authorized in writing by Legacy Wills LLP. You may not copy, imitate, or use any text, graphics, images, button icons, company name, or logo on the Website without our explicit permission.
Legacy Wills LLP provides a software platform accessible via a personal account through a password-protected website. Except as permitted by law, you may not use this software for any purpose outside those specified in these Terms. You may not attempt to decipher, decompile, disassemble, or reverse engineer any components of this software, in whole or in part.
Grant of Limited License
Subject to your compliance with these Terms, Legacy Wills grants you a limited, revocable, non-exclusive, and non-transferable license to:
retain electronic or physical copies of the documents you create using the Services, such as wills and powers of attorney (collectively referred to as the “Materials”); and
use the Services as intended and outlined in these Terms. We reserve all rights not expressly granted herein in the Services and the Materials.
Subject to other provisions of these Terms, we grant you permission to download, view, copy, and print the Materials on a single, stand-alone computer or device solely for your personal, informational, non-commercial use. You agree not to download, view, copy, print, or reproduce any Materials other than for signing and witnessing purposes. This permission automatically terminates without notice if you violate any of these Terms. Upon such termination, you agree to immediately destroy any Materials in your possession and cease using the Service. Any unauthorized use of the Materials or Services may violate copyright laws, trademark laws, privacy laws, publicity laws, and communication regulations and statutes.
Law Society of Ontario (“LSO”) Disclosures
The following is relevant to you with respect to the relationship between Legacy Wills LLP and the LSO.
The LSO has not validated or endorsed the effectiveness of Legacy Wills’s services.
The LSO is not responsible or liable to you for any issues arising from the advertising, provision, or unsuitability of Legacy Wills’s services, or for any other quality or service-related concerns, failures, or liabilities associated with Legacy Wills.
Legacy Wills is not a law firm. While some owners and creators of Legacy Wills are members of the LSO the platform operates as a business managed by individuals who are neither lawyers nor paralegals licensed and regulated by the LSO.
While the services are developed by lawyers, they are not delivered by an LSO-licensed lawyer or paralegal.
Since Legacy Wills is not a law firm and the Services are not delivered by an LSO-licensed lawyer or paralegal, some protections typically available for legal services from LSO-licensed professionals may differ or may not be accessible for the services provided by Legacy Wills, including:
Communications with or information given to Legacy Wills may not be protected by solicitor-client privilege;
Legacy Wills might be legally obligated to disclose information you provide to it, including to authorities or third parties;
Another party involved in your legal matter might also be utilizing the same services provided by Legacy Wills;
Legacy Wills has liability insurance, including coverage for errors and omissions, but this coverage may differ from that required of LSO-licensed lawyers and paralegals; and
There is no statutory complaints process through the LSO available for services provided by Legacy Wills.
Legacy Wills may be required to share de-identified customer data with the LSO as part of the LSO’s oversight of our services. Information about you will generally be disclosed to the LSO in a de-identified and aggregated form. Legacy Wills is committed to safeguarding your personal information, and identifiable personal data will not be shared without your explicit consent. There may be instances where the LSO requires us to reach out to you to request your permission to share identifiable personal information for monitoring purposes. In such cases, you agree that Legacy Wills is authorized to contact you for this reason.
To file a complaint regarding your experience with Legacy Wills, please reach out to us at the email address provided at the end of these Terms.
Protection of Site
You may not use the Site in any way that could harm, disable, overload, or impair it or its applications. You may not upload, post, or transmit any materials on this Website that could negatively affect its operation, including but not limited to computer viruses, Trojan horses, worms, or other harmful, disruptive, or destructive files or programs. You may not employ any process or program to monitor, copy, summarize, or extract information from the Service.
Violations of system and network security may result in civil or criminal liability.
To the fullest extent allowed by applicable law, if we determine, at our sole discretion, that you are in violation of this paragraph, we will terminate your access to the Service indefinitely, without any financial liability or recourse to you.
We will make every effort to implement measures to prevent and eliminate all viruses and harmful mechanisms.
Registration and Password
When you set up an account with Legacy Wills, you must provide your email address and other personal information during registration. The information you provide must be your own, and you cannot use another individual's personal information to access the Service. You may not register an email address that you do not own or for which you do not have explicit permission from the owner.
When creating an account, you will be required to set a password. You must not share your password with any third party for any unauthorized or illegal purpose. You agree to notify us immediately of any unauthorized use of your Legacy Wills account. We are not responsible for any harm or injury resulting from a third party accessing your password for any reason.
You may change your password as often as you feel necessary. You are solely responsible for any loss, damage, or other injury resulting from the unauthorized use of your username and/or password by any third party. There is no limit on how many times you can change your password. We strongly recommend that you change your password periodically and that you use a strong password (e.g., a password of appropriate length that includes both uppercase and lowercase letters, numbers, and punctuation). This password should be unique to your Legacy Wills account and not used for other services. The responsibility for changing your password and maintaining its confidentiality rests entirely with you.
Physical Device Security
Your Legacy Wills account can be accessed through the Site using a desktop, smartphone, or tablet (referred to as your "Device"). You are entirely responsible for securing your Device and any access related to it. The obligation to keep your account safe from unauthorized access lies solely with you. We take no responsibility for any access to your account resulting from unauthorized use of a Device.
Privacy
Any personal information collected in connection with your use of the Service will be managed according to our privacy policy ("Privacy Policy"). If you have questions regarding our Privacy Policy, please reach out to us at legacywillsonline@gmail.com
By subscribing to the Service, the End User acknowledges and agrees to our use of the information collected in accordance with the Privacy Policy.
The Materials are designed for your personal use. A valid will or Power of Attorney must be executed by the individual it pertains to. You cannot create these documents on behalf of another person. If you register for an account with Legacy Wills, it is understood that you intend to create Materials for yourself. We do not endorse the opinions or wishes expressed in the wills, nor do we accept any responsibility for actions taken based on those expressed wishes.
We may disclose your personal information to law enforcement or government agencies if required by law.
Limitations on Use
You agree that you will use the Service solely for its intended purposes and in a lawful manner. You also agree not to use Legacy Wills in any way that could harm yourself or others, or that might be perceived as harassment, intimidation, or an infringement of others' privacy rights.
Links to Third-Party Sites
The Site may include links to third-party resources and businesses on the Internet, referred to as "links" or "Linked Sites." These links are provided for your convenience to help you discover other online resources that may interest you. We do not endorse or have any legal affiliation with these third-party Linked Sites. We are not authorized to use any trademarks, logos, or copyrighted materials that may appear in the links.
We do not control, endorse, or monitor the content of any Linked Site, including any further links contained within them or any updates made to such sites. We are not liable for any content, transmission, or services received from Linked Sites. These Terms do not apply to your interactions with Linked Sites, and you should review the terms and privacy policies of any third-party sites carefully.
If you use services provided on a Linked Site,
(a) We will not be responsible for any actions or omissions of the third party, including their access to or use of your customer data, and
(b) We do not guarantee or support any services offered by the third party.
No Warranties
You explicitly acknowledge and agree that your use of the Service is at your own risk, and that the Site and Service are provided "as is," "as available," and "with all faults." LEGACY WILLS LLP, along with its officers, directors, employees, and agents, disclaims all warranties to the maximum extent allowed by applicable law, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
LEGACY WILLS LLP and its representatives do not make any representations or warranties regarding:
the accuracy, completeness, or content of the Site and Service,
the accuracy, completeness, or content of any linked sites, and/or
the Service available on the Site or any linked sites, and assume no liability for such content.
FURTHER, YOU ACKNOWLEDGE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LEGACY WILLS LLP OR ITS REPRESENTATIVES (INCLUDING CUSTOMER SERVICE) WILL:
CONSTITUTE LEGAL OR FINANCIAL ADVICE, OR
CREATE ANY WARRANTY REGARDING THE SITE OR SERVICE, AND USERS SHOULD NOT RELY ON SUCH INFORMATION OR ADVICE.
The above disclaimer applies to the fullest extent allowed by law and will remain effective even after the termination of this agreement or your use of the Site or Service.
Governing Law
These Terms will be governed by and interpreted in accordance with the laws of the province in which you reside and the applicable federal laws of Canada. In the event of a dispute, you agree that the courts in your province of residence have the authority to adjudicate such disputes, and you agree to comply with any judgment from that court.
General
These Terms do not establish any partnership, joint venture, employer-employee relationship, agency, or franchisor-franchisee relationship between you and Legacy Wills.
Neither party will be liable to the other for any failure to fulfill their obligations under these Terms due to circumstances beyond reasonable control, such as natural disasters, war, strikes, epidemics, riots, terrorism, or government intervention (collectively referred to as "Force Majeure"). However, the affected party must promptly notify the other party of the Force Majeure event. The timeframe for performance will be extended for the duration of the Force Majeure.
If any provision of these Terms is found to be invalid or unenforceable to any degree, such provision will be interpreted and modified as necessary to render it valid, enforceable, and consistent with its original intent.
Headings in these Terms are included for convenience only and do not affect the interpretation of the Terms.
If any part of these Terms is determined to be void or unenforceable, it will not affect the validity of the remaining provisions.
All provisions of these Terms constitute the entire agreement. No provision may be removed without the prior written consent of LEGACY WILLS LLP.
If you cannot access your account, please contact Legacy Wills at legacywillsonline@gmail.com for assistance.