1. Acceptance of Terms

• By marking the “I Agree” checkbox, or by accessing or using this Site and its Services in any manner whatsoever, you:
• Represent and warrant that you have read and understood all of the terms and conditions of these Terms, as well as our Privacy Policy.
• Freely accept and agree to be bound by and comply with all of the terms and conditions of these Terms and our Privacy Policy.
 
• If you do not agree to be bound by and comply with any of these terms or conditions, you are not permitted to access or use the Site or Services.
• Your continued use of the Site or Services constitutes your ongoing acceptance of these Terms, including any modifications or updates posted on this page.
• If you notice any errors in these Terms, you should not agree to these Terms and notify us of such errors via email at terms@estatekit.com or via the Contact Us page of the Site.

2. Changes to Terms

• We reserve the right to update or modify these Terms at any time, at our sole discretion.
• The latest version of these Terms will be posted on this page, and the date of the most recent revision will be noted at the top.
• Changes take effect when posted. Your continued use of the Site after changes are posted constitutes your acceptance of those changes.
• It is your responsibility to review these Terms periodically.

3. Description of Services

• Estate Kit Inc. (“Estate Kit,” “we,” “us,” or “our”) provides online tools to help you organize, prepare, execute, and store important personal and legal documents, including estate planning documents.
• We strive to keep our tools up-to-date but, due to changing laws, we do not guarantee that our tools are accurate, complete, or current.
• Our Services are for informational purposes only and do not constitute legal, financial, tax, or accounting advice.
• No fiduciary relationship is created by using our Services.

4. Not Legal Advice and No Lawyer-Client Relationship

• Estate Kit is not a law firm and does not provide legal, tax, or accounting advice.
• Information on the Site is for general informational purposes only and should not be relied upon as legal advice.
• Legal advice can only be provided by a qualified lawyer licensed in your jurisdiction.
• Communications between you and Estate Kit are not protected by legal privilege.
• You may need to consult with a qualified lawyer for legal advice tailored to your specific situation.

5. User Responsibilities and Accuracy of Data

• You are solely responsible for the accuracy and completeness of the data you provide to Estate Kit.
• Estate Kit does not verify the accuracy of your data and is not liable for any loss or damage resulting from inaccuracies or omissions.
• Your data is your responsibility, and you acknowledge that any errors or omissions could impact the effectiveness of the documents you create using our Services.

6. Intellectual Property

• All content on the Site, including text, graphics, logos, images, and software, is the intellectual property of Estate Kit or its licensors and is protected by copyright and trademark laws.
• Unauthorized use, reproduction, or distribution of the content is strictly prohibited.
• You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this Site     without explicit written permission from Estate Kit.

7. Third-Party Links and Resources

• The Site contains links to third-party websites and resources for your convenience.
• Estate Kit does not endorse and is not responsible for the content, products, services, or practices of third-party sites.
• You access third-party sites at your own risk and should review their terms and privacy policies.

8. User Conduct and Prohibited Activities

You agree not to:

• Use the Site in any way that could damage, disable, overburden, or impair the Site.
• Upload or transmit harmful code, including viruses, Trojan horses, or other malicious software.
• Use automated scripts, bots, or other tools to access or scrape data from the Site.
• Attempt to gain unauthorized access to any portion of the Site, other accounts, or any networks connected to the Site.
• Use the Site for any unlawful purpose or in violation of these Terms.

9. Account Security

• You are responsible for maintaining the confidentiality of your account information, including your password.
• You agree to notify us immediately if you suspect unauthorized access to your account.
• We are not liable for any loss or damage resulting from unauthorized use of your account.

10. Disclaimers

• The Site and Services are provided on an "as is" and "as available" basis without any warranties or conditions, express or implied.
• We do not warrant the accuracy, completeness, or usefulness of any information on the Site.
• To the fullest extent permitted by law, Estate Kit disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the fullest extent permitted under applicable law:

• Estate Kit shall not be liable for any damages or losses of any kind, including direct, indirect, incidental, consequential, special, exemplary, or punitive damages, loss of profits, loss of use, loss of data, personal injury, fines, fees, penalties, tangible or intangible harm, irreparable harm, legal fees, or any loss of any kind whatsoever, or other liabilities, arising out of or related to:
  • Your use or inability to use the Site or Services.
  • Any errors, inaccuracies, or omissions in the content.
  • Any unauthorized access to or use of our servers and personal information.

If and only to the extent that the forgoing limitation of liability is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, in respect of any claim by you against Estate Kit, then:

• If you are located outside Ontario, our total liability to you under any circumstance is limited to the total amount you have paid us in the 12 months preceding the claim.
• If you are located in Ontario, our total liability to you under any circumstance is limited to a maximum of $750 in the aggregate, representing three times the basic package fee, or the total amount you have paid us in the 12 months preceding the claim, whichever is greater.
• These limitations apply to all causes of action, whether based on contract, tort (including negligence), warranty, strict liability, or any other legal theory.

11.1 No Consolidation of Claims

To the fullest extent permitted under applicable law:

• You agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services provided by Estate Kit shall be resolved on an individual basis.
• No Consolidation of Claims: Disputes brought by you shall not be consolidated with disputes brought by any other party.
• You waive any right to participate as a plaintiff or class member in any purported class action, collective action, representative action, or private attorney general action against Estate Kit or its affiliates.
• If a court of competent jurisdiction finds this waiver of the consolidation of claims to be invalid or unenforceable in a specific jurisdiction, this waiver nonetheless shall be enforceable to the fullest extent permitted by law in every other jurisdiction.
• If any portion of this waiver of the consolidation of claims is found to be unenforceable, that portion shall be severed, and the remaining provisions shall continue in full force and effect.
• This waiver of the consolidation of claims shall survive any termination or expiration of these Terms or your use of the Site or Services or Product.

12. Indemnification

You agree to indemnify, defend, and hold harmless Estate Kit and its directors, officers, employees, agents, and affiliates from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from:

• Your use of the Site or Services.
• Your violation of these Terms.
• Your infringement of any intellectual property or other rights of any third     party.

13. Privacy

Your use of the Site is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Site, you consent to the collection and use of your information as described in our Privacy Policy.

14. Governing Law and Jurisdiction

• These Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, excluding conflict of laws rules.
• You agree to submit to the exclusive jurisdiction of the provincial and federal courts located in Toronto, Ontario for any disputes arising out of or related to these Terms or the Site.

15. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

16. No Waiver

No waiver of any provision of these Terms by Estate Kit will be effective unless in writing. Our failure to enforce any right or provision under these Terms will not constitute a waiver of such right or provision.

17. Contact Information

If you have any questions or concerns about these Terms or our Services, please contact us at: terms@estatekit.com

18. Entire Agreement

These Terms constitute the entire agreement between you and Estate Kit regarding your use of the Site and Services and supersede any prior agreements or understandings.

19. Survival of Agreement

This Agreement and each of its provisions shall survive any termination or expiration of these Terms or your use of the Site or Services or Product.