Terms and Conditions
Governing Use of this Site
by proceeding to use the service available on this
Free On-Line Legal Wills (the "Service"),
you acknowledge your agreement with the following
terms and conditions. If you do not agree with these
terms and conditions, then do not use this Service.
Copyright 2000 [AmericaWills.com, a division of Micro-Bite
Donuts Inc. (hereafter referred to as "AmericaWills"),
all rights reserved].
Reproduction of any AmericaWills material without
the prior written consent of AmericaWills is strictly
prohibited. All violators will face legal action.
"AmericaWills.com " name and logo, and all related
product and service names, design marks and slogans
are trademark protected and may not be used in any
commercial manner without the prior written consent
of AmericaWills. All violators will face legal action.
All other product and service marks as may be contained
herein are the trademarks of their respective owners.
License To Use Contents
Nothing contained herein shall be construed as granting
to the User of the Service a license under any copyright,
trademark, patent or other intellectual property right
of AmericaWills or any third party, except for the
right of use license expressly set forth below in
these terms and conditions.
The Service and other contents on the AmericaWills
web site is provided
free of charge (hereafter collectively
referred to as the "Information") to those persons
that access the AmericaWills.com web site via the
World Wide Web (the "User"). Such User shall a nonexclusive,
non-transferable license for the saving, storage or
printing of the User's Will and, under no circumstances
shall the User use the AmericaWills.com web site for
any commercial purpose whatsoever. The User is not
permitted to commercially exploit the Information
or transfer it to any third party. Any reprinting,
sublicensing, copying, modifying, publishing, assignment,
transfer, sales, or other distribution of the Information
is strictly prohibited without the prior written consent
The User shall not copy, reverse engineer, translate,
port, modify or make derivative works of the Information,
in whole or in part. The User shall not rent, disclose,
publish, sell, assign, lease, sublicense, market,
or transfer the Information or any part thereof or
use it in any manner not expressly authorized by this
Agreement. The User shall not derive or attempt to
derive the source code or structure of all or any
portion of the Information by reverse engineering,
disassembly, decompilation or any other means. The
User shall not use the Information to operate a service
bureau or for any other use involving the processing
of data of others. The User does not receive any (and
AmericaWills retains all) ownership rights in the
Information. The Information is copyrighted and may
not be copied, even if modified or merged with other
data or software. The User shall not alter or remove
any copyright notice or proprietary legend contained
in or on the Information. It is acknowledged that
the Information is a trade secret of AmericaWills.
Consent to Monitoring and Disclosure
AmericaWills is under no obligation to monitor the
Information. All Users agree that AmericaWills may
monitor the server contents periodically to (1) comply
with any necessary laws, regulations or other government
requests; (2) to operate the server properly or to
protect itself and any User. AmericaWills reserves
the right to modify, reject or eliminate any Information
residing on or transmitted to its server that it,
in its sole discretion, believes is unacceptable or
in violation of these terms and conditions.
Data Supplied to AmericaWills
Should any user of the Information provide AmericaWills
with data including but not limited to feedback, questions,
comments, suggestions, plans, ideas or the like (the
"Non-Will Completion Data"), such Non-Will Completion
Data shall be deemed to be non-confidential and AmericaWills
assumes no obligation to protect such Non-Will Completion
Data from disclosure. The submission of such Non-Will
Completion Data to AmericaWills shall in no way prevent
the purchase, manufacture or use of similar products,
services, plans and ideas by AmericaWills for any
purpose whatever and by such submission the User grants
to AmericaWills the irrevocable right to reproduce,
use, disclose and distribute the Non-Will Completion
Data to others without restriction or compensation
Will Information Supplied to AmericaWills
In order for a User to complete a Will on this Web
Site, the User must insert certain information or
choose from certain specific options (the "Will Contents").
AmericaWills agrees to maintain a User's privacy relative
to the Will Contents including the details of any
gift and the identity of any beneficiary (other than
the name of a specific Organization). The User agrees
however that AmericaWills may compile the following
data from a User: the User's name, the User's e-mail
address, the User's gender, age, occupation, marital
status, level of educational achievement, family income,
zip code and whether the User made a gift in favor
of an Organization and where a gift to an Organization
is made, the name of the specific Organization (the
"Demographic Data"). The User agrees that AmericaWills
may sell, license, distribute, lease, assign, pledge
or otherwise deal with or dispose of the Demographic
Disclaimer of Liability
The User of the Information assumes all responsibility
and risk for: (a) the use of this server (b) any Will
completed on this web site whether signed or not,
(c) the Internet generally. AmericaWills disclaims
all warranties, representations or endorsements, express
or implied, with regard to the Information accessed
from, or via, this server or the Internet, including,
but not limited to, all implied warranties of merchantability,
fitness for a particular purpose, or non-infringement.
AmericaWills does not assume any legal liability or
responsibility for: (a) any Will completed on this
web site (whether signed or not) (b) the accuracy,
completeness, or usefulness of the Information, apparatus,
product or process disclosed on the server or other
material accessible from the server. In no event shall
AmericaWills be liable for any compensatory, special,
direct, incidental, indirect or consequential damages,
exemplary damages or any damages whatsoever resulting
from the use of this site, the Information, any Will
completed on this site, any Will saved or stored from
this site or the loss of use, data, or profits, whether
in an action of contract, tort or otherwise, arising
out of or in connection with the use or performance
of the Information or the Internet generally or on
any other basis. If this limitation of liability or
the exclusion of warranty set forth herein is held
inapplicable or unenforceable for any reason, then
the User agrees that AmericaWills maximum liability
for any type of damages shall be limited to $1.00
in US funds.
The Information may include technical inaccuracies,
inadvertent misinformation or typographical errors.
AmericaWills has the right to make changes and updates
to any of the Information without prior notice.
The Information is provided on an "as is" and "as
available" basis without warranties of any kind, either
express or implied, including but not limited to warranties
of title, non-infringement or implied warranties of
merchantability or fitness for a particular purpose.
No part of the Information shall create any warranty.
Neither AmericaWills nor its officer, directors, employees
or agents warrant that the Information will be uninterruptible
or error free or that any information, software or
other material accessible from the web site is free
of viruses or other harmful components.
Some jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages or the limitation
of duration of an implied warranty, so the limitation
or exclusion herein may not apply to you. This warranty
shall not be applicable to the extent that a provision
of this warranty is prohibited by the laws of a jurisdiction
that cannot be pre-empted. This warranty gives you
specific legal rights, and you may also have other
rights which vary from jurisdiction to jurisdiction.
No Lawyer, No Legal Advice
AmericaWills is not a law firm nor does it provide
legal information or legal advice. The User agrees
that he or she is not relying on AmericaWills for
any legal advice or information. The User agrees that
any Will completed by the User on this web site is
a Will made by the User and not a Will made by AmericaWills.
The User further agrees that any Will completed by
the User on this web site is a Will completed by the
User without a lawyer or legal advice. If a User requires
legal advice or information, it is agreed that it
is the duty of the User to obtain such legal advice
or information. If a User is uncertain as to whether
legal advice or information is required, it is agreed
that the User will obtain such legal advice or information.
Disclaimer of Endorsement
Reference herein to any products, services, processes,
hypertext links to third parties or other information
by trade name, trademark, manufacturer, supplier or
otherwise does not necessarily constitute or imply
its endorsement, sponsorship or recommendation by
AmericaWills does not directly nor indirectly represent
to a User that a particular person or firm listed
or referred to on this Site possesses skill or expertise
above and beyond any other person or firm carrying
on a similar business, occupation or profession that
may not be listed. Persons or firms listed may have
paid a fee to AmericaWills in order to be listed.
AmericaWills assumes no responsibility for the acts
or omissions of any such person or firm.
The Terms and Conditions herein is the exclusive Agreement
between AmericaWills and the User. AmericaWills shall
have the right to terminate a Users ability to access
the Information at any time without notice. AmericaWills
reserves the right to discontinue or modify any of
the Information contained at any time. AmericaWills
shall have the right to modify these Terms and Conditions
at any time. The User may not assign any part of this
Agreement without AmericaWills prior written consent.
The User shall pay any applicable taxes on the Information.
If any provision of this Agreement is declared invalid
or unenforceable, the remaining provisions of this
Agreement shall remain in effect. The User agrees
to comply with all applicable laws in using the Information
contained herein. No waiver of any obligation or right
of either party shall be effective unless in writing,
executed by the party against whom it is being enforced.
Any such waiver shall not preclude a party from exercising
any other right or later exercising the same right.
Any notice under this Agreement shall be delivered
by registered mail, acknowledgment of receipt required,
or by overnight courier to AmericaWills at the following
address: 5391 Sunhaven Place. Nanaimo, British
Columbia, Canada V9V-1R5. These terms and conditions
apply on behalf of AmericaWills and all of its affiliates,
employees, suppliers, and distributors.
The User and his or her estate, including heirs, successors
and assigns, hereby agree to indemnify and save harmless
AmericaWills, its officers, directors, employees,
principals, agents and shareholders from any and all
claims and demands of any kind whatsoever arising
from or in relation to any Will completed or attempted
to be completed on this Site (whether such Will is
properly or improperly signed) including any and all
legal costs, damages or awards.
This Agreement shall be governed by the laws of British
The information is Copyright ©
pursuant to the Copyright laws of United States of
America and Canada.