WELCOME TO OUR WEBSITE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY ONLINE REGISTRATION OR ONLINE SEARCH SERVICES PROVIDED BY OUR FIRM, willfinder.ca, AS THEY CONTAIN BINDING LEGAL TERMS AND OBLIGATIONS INCLUDING LIMITATIONS OF LIABILITY AND DISCLAIMERS AND OTHER IMPORTANT PROVISIONS.
This Site is owned by WILLFINDER INC. (willfinder.ca is a registered trading name of WILLFINDER INC.)

This is an agreement between you and all persons you represent with respect to your access and the use of our Website and all the content, information, products and services available on or through our Website. For purposes of this agreement, “our”, “we” and “us” shall refer to willfinder.ca. Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use our Website. This Agreement is in addition to any other agreement you may have with our firm, including a transaction agreement. You agree to be bound by the present Website user agreement and all terms and conditions contained therein. In the event you are unwilling to be bound by the present terms and conditions, you are not entitled to apply for the online registration service(s) or online searches as provided by our firm.

You are entitled to use our Website in the event you have reached the age of majority where you reside and provided you are competent to enter into legally binding agreements and contracts. You are not entitled to use our Website and our services in the event you reside in a jurisdiction where access to or use of our Website and our services is illegal or prohibited either in whole or in part. You acknowledge that it is your sole responsibility to ascertain whether your use of our Website and our services is lawful and in full compliance with applicable laws and regulations.

Our Website and the services offered by our firm assist in the location of Wills. By using our service, you and/or your authorized representative will provide information to our firm, which information will assist in the location of your Will. This information will be available to persons accessing and searching our data base. By registering your information with our Website, you consent to the disclosure of such information to any third party conducting a search using our Website in accordance with the search services offered by our Website. This information will ONLY assist various parties in ascertaining the location of your Will. The party searching our data base will then have to contact the individual, lawyer, solicitor, attorney or corporation you have chosen to have custody of your Will. Our Website and our firm services are designed to ensure that in the event of your death the most current version of your Will is located by your beneficiaries and/or your designated legal representatives.

Our Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the sole and exclusive property of our firm, and is protected by Canadian and international copyright, trademark and other laws. Your use of our Website does not transfer to you any ownership or other rights in the Website or its content. Our Website is made available to you for your lawful personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using our Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of our firm. You may not sell or resell any part of our Website or access of the Website. You may not use any of the software that is used in the operation or provision of our Website except while you are using our Website in accordance with this Agreement.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior express written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or “refresh” pages contained on our Website, or make any other request to transactional servers, more than once during any three second interval.

Terms of payment are within our sole discretion. Payment must be received at or prior to the provision of any online registration or search services provided by our firm. Payment must be made by credit card or debit card acceptable to our firm. You warrant that all details you provide us related to payment are accurate and you additionally warrant that you have the legal right and authority to use the credit card and/or debit card you are using. You additionally warrant that the credit card or debit card you utilize will be honoured and payment processed.

You warrant and represent that all and any information you provide to our firm through our Website, including registration information, payment information (credit card and debit card numbers and expiration dates), and transaction-related information will be true, accurate, current and complete without exception. Our firm will rely on the information you provide. You will be solely responsible and liable for any and all losses, damages, and additional costs of any nature or kind whatsoever that you, our firm or any other person may incur as a result of your submission of any false, incorrect, misleading or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

Our firm has the right at any time to change or modify the terms and conditions applicable to use of our Website, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on our Website, or by electronic or conventional mail, or by any other means within our sole discretion. Any use of our Website by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions, or deletions.

Our firm collects, uses and discloses personal information in accordance with our firm’s Privacy Policy, which is available for review on our Website and which may be changed from time to time by our firm in its sole discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through our Website. If you accept this Agreement, you consent to the collection, use and disclosure of your personal information by our firm in accordance with the Privacy Policy as it then reads on every occasion you access our Website.

Our firm may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.

Notwithstanding any other provision of this Agreement, our firm may in its sole discretion change, discontinue, modify, restrict, suspend or terminate our Website or any part of it without any notice or liability to you or any other person. Our firm may in its sole discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use our Website without any prior notice or liability to you or any other person. If this Agreement or your permission to access or use all or any part of our Website is terminated for any reason, then this Agreement and all other then existing agreements between you and our firm will continue to apply and be binding upon you regarding your prior access to and use of our Website, and anything connected with, relating to or arising therefrom.

The Website and the information or materials herein are provided on an “As-Is, Where-Is” basis . Our firm makes no representations, warranties or conditions, either express or implied, or arising by statute, usage or trade, custom or otherwise, of any nature or kind whatsoever with respect to our Website or the site content. Our firm disclaims all representations, warranties and conditions, express or implied, or arising by statute, usage or trade, custom or otherwise, including, but not limited to merchantability and fitness for a particular purpose. By using or attempting to use our Website, the user expressly acknowledges that our firm makes no warranties, representations or conditions regarding the site content including but not limited to currency, accuracy or completeness; and as a service to users of our Website, our firm includes links to third party sites over which our firm has no control. Our firm provides no endorsement or representation of any kind regarding the products, services, content or appropriateness of content of such third party sites, and the users hereby irrevocably waive any claim against our firm with respect to such third party sites.
In the event our firm is liable to you, you agree that the maximum amount of our liability to you will be limited to the actual amount you have paid to our firm. You expressly agree that use of our Website is at your sole risk. Neither our firm, its affiliates, nor any of their respective employees, agents, third party content providers, or licensors warrant that the site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of our Website, or as to the accuracy or reliability of any information, service, or materials provided through the Website.
Our Website is provided on an “AS-IS WHERE-IS” basis without warranties of any nature or kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under applicable law. Additionally, there are no warranties relating to any of the information posted on our Website. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of our Website, whether for breach of contract, tortuous behavior (including strict liability), negligence, or under any other cause of action. You specifically acknowledge that our firm is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
In no event will our firm, or any person or entity involved in creating, producing, or distributing our Website or the content included therein, be liable in contact, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential, or similar damages, including, without limitation, lost profits or revenues, loss of use, or similar economic loss, arising out of the use of or inability to use our Website. You hereby acknowledge that the provisions of this section shall apply to all use of and content on our Website. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our firm’s total liability to you for all damages, losses, and causes of action whether in contract, tort , negligence ( gross or otherwise) or under any other legal theory (including strict liability) exceed the amount paid to our firm by you, if any, for accessing this Website or obtaining any reports or other information from our Website.

You agree to defend, indemnify and hold harmless our firm, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions (including any other Terms and Conditions set forth on our Website and/or incorporated by reference) as contained in the present Website user agreement ; (b) your access to or use of our Website, services or content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from our Website or through any of the services. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to our right to seek and obtain indemnification from you.

Our Website contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, graphics (the “content”). The content of our Website, as well as the organization, layout, arrangement and design elements of the Site and each individual page of our Website, are the sole property of our firm and are protected by Canadian and international copyright, trademark and other applicable intellectual property laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works or in any way exploit any of the Content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of our firm or the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or printing the copyrighted material, or by using our Website.
Our firm offers you access to our Website and to the content available on the site solely for your own personal and non-commercial use. You may not resell or make any commercial use of our Website or the content. You may not make use of any product listings, descriptions, or prices. You may not download or copy any account information for the benefit of any other merchant. You may not make use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the content in an unauthorized manner. You may not engage in the practices of “screen scraping”, “database scraping”, or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this Site, in any manner or in any quantities not authorized by our firm. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our firm or its affiliates without our prior express written consent. You may not use meta tags or any other “hidden text” utilizing our firm name or trademarks without the express written consent of our firm.
Systematic retrieval of the content or other data from this Website to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of our firm is strictly prohibited.
You may not use the Site in any manner that could damage, disable, overburden, or impair our Website or interfere with any other person’s use and enjoyment of our Website.
The foregoing provisions are for the benefit of our firm, its subsidiaries, affiliates, and its third party content providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Illegal and/or unauthorized uses of our Website, including, but not limited to, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider, or other automated device on our Website, or any manual process to monitor or copy any portion of the content, will be investigated and appropriate legal action will be taken, including without limitation, civil and criminal proceedings and proceedings for restraining orders and injunctions.

Our firm also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to use, of, or browsing in our Website or your downloading of any materials, data, text, images, video, or audio from our Website.

All trademarks, service marks and copyrights of our firm and its subsidiaries or affiliates displayed on the Site are subject to provincial, federal, and/or international trademark and copyright protection. Unless expressly authorized by our firm in writing, you may not use its trademarks or service marks with any product or service that is not provided by our firm, or in any manner that is likely to cause confusion among customers, or that might disparage or discredit our firm. All other trademarks appearing on the site are the property of their respective owners, including third party providers of products and services with links to and from the Site.

If any provision(s) of this Agreement is held to be invalid or unenforceable for any reason, then such provision(s) will be deemed to be severed from this Agreement and all the remaining provisions will continue in full force and effect. This Agreement enures to the benefit of and is binding upon our firm and its successors, assigns and related persons, and you , your heirs, your executors, your administrators ,your successors, your permitted assigns and your personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Our firm may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.

The parties have expressly requested and required that this Website agreement and all other related documents be drawn upon the English language.

Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient rediges en anglais.

Any rights not expressly granted by this Agreement are reserved to our firm. You may contact our firm by email or postal mail:

Willfinder Inc.
204-1568 Carling Avenue
Ottawa, Ontario K1Z 7M4
CANADA

Please ensure you have read all of the aforesaid terms and conditions of use carefully before using our Website. By visiting or using our Website, or any page of our Website, you agree to be bound by these terms of use, and you acknowledge that such agreement constitutes a binding contract between you and our firm. If you do not agree to the aforesaid terms and conditions of use, please ensure you do not use our Website.
Our firm reserves the right, at its discretion, to update or revise these terms of use. Please check the terms and conditions periodically for revisions and updates. Your continued use of this Site after the posting of changes to the terms and conditions of use constitutes acceptance of those changes.
By visiting or using this Site, or any pages of this Site, you agree to be bound by these terms of use, and you acknowledge that such agreement constitutes a binding contract between you and our firm. If you do not agree to these terms of use, please do not use this Site.