Notice: by proceeding to use the online legal will service available on this website (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 Copyright 2004 [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.

Trademarks "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 website is provided (hereafter collectively referred to as the "Information") to those persons that access the AmericaWills.com website via the Internet/World Wide Web (the "User") and make a minimum payment of $9.99 US Dollars to subscribe (the “Subscription”) for a 30 day subscription period (the “Subscription Period”). On payment of the Subscription by the User, the User shall be granted a non-exclusive, non-transferable and non-assignable license (the “License”) during the Subscription Period to access the Information which will permit the User, by use of his or her personal computer, to save or store the User's Will by using the User’s word processing software. The License also permits the User to print the online Will by use of the User’s printer. The License is for the personal use of the User only and the User is not permitted to use the Information for any other use, including any commercial purpose of any kind, whatsoever. The License expires at the end of the Subscription Period. Any reprinting, sublicensing, copying, modifying, publishing, assignment, transfer, sales, or other distribution of the Information is strictly prohibited without the prior written consent of AmericaWills. 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 required.

Will Information Supplied to AmericaWills In order for a User to complete an online Will, the User must provide 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 Data.

Disclaimer of Liability The User of the Information assumes all responsibility and risk related to: (a) the User making use or accessing the Information (b) the User’s making use of this website’s server (c) the User completing an online Will on this website whether the Will is signed or not, (d) 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 website (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 website, the Information, any online Will completed on this website (whether signed or unsigned), any online Will saved or stored from this website 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 maximum liability of AmericaWills, its employees, agents, contractors, officers, directors and successors and assigns, for any type of damages shall be limited to $1.00 in US funds.

No Warranties 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 License granted to the User and the Information made available to the User is provided to the User 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 officers, contractors, directors, employees or agents warrant that the Information will be uninterruptible or error free or that the website 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 in respect to the preparation of an online Will or any other matter of any kind whatsoever.. The User agrees that any online Will completed by the User on this website 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 website is a Will completed by the User without a lawyer or legal advice. If a User requires legal advice, 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 is required, it is agreed that the User will obtain such legal advice.

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. 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.

Whole Agreement 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.

Save Harmless and Indemnification The User and his or her estate, including his or her heirs, successors and assigns, hereby agrees to indemnify and save harmless AmericaWills, its officers, directors, employees, principals, agents, contractors and shareholders from any and all claims and demands of any kind whatsoever, including any and all legal costs, damages or awards, arising from or in relation to: (a) any Will completed or attempted to be completed by the User (whether such Will is properly or improperly signed); and (b) the User visiting the website or accessing or making any use of the Information. This Agreement shall be governed by the laws of British Columbia, Canada. The information is Copyright © 2004 by AmericaWills pursuant to the Copyright laws of United States of America and Canada.