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Terms of Service

The terms of use appearing on this page (collectively, the “Terms”) govern the use of this website, accessible via successionwills.com, successionwills.ca, app.succesionwills.com and all associated web pages (collectively, the “Site”), by users, as well as users’ use and receipt of services provided via the Site, including, without limitation, all document and form generation and delivery (including of Products), literature and educational documents and support (collectively, the “Services”).

We also refer you to our Privacy Policy (as it may be amended or supplemented from time to time, the “Privacy Policy”), as well as any specific terms of use/service or policies which may apply to the Site which are imposed by any merchant services, data storage or other third party providers to the Site (collectively with the Privacy Policy, the “Additional Terms”) for additional terms and conditions which apply to your use of the Site and Services, which are supplementary to these Terms. In the event of any conflict or inconsistency between these Terms and any Additional Terms, the Additional Terms will prevail insofar as the specific subject matter thereof unless ‘notwithstanding’ language or similar language is used herein in order to indicate the intended paramountcy in respect of any specific provision or context.

By accessing or using the Site, you agree to be bound by these Terms and the Additional Terms in connection with such access to and use of the Site and the provision of the Services and Products. IF YOU DO NOT AGREE TO THESE TERMS, THE ADDITIONAL TERMS OR ANY OF THEM, YOU SHOULD IMMEDIATELY CEASE USING THE SITE AND ANY SERVICES.

If you have any questions or concerns regarding these Terms or the Privacy Policy, please contact us via our Contact Us page.

  1. Interpretation
    1. In this Terms, in addition to any terms defined elsewhere herein (which definitions shall apply throughout these Terms regardless of whether they appear prior or subsequent to the reference in question), the following terms shall have the following meanings:
      1. “Data”, with reference to you, means all information, data and materials (including personal information) which you input into the Site or otherwise deliver to us or provide us with access to in connection with your use of the Site and Services.
      2. “Intellectual property” means any and all United States of America, Canada and worldwide registered and unregistered (a) trade secrets, confidential information, know-how, methods, proprietary processes, client/customer and supplier lists and documentation relating to any of the foregoing; (b) copyrights, copyright registrations and applications for copyright registration; (c) patents, patent registrations and applications and other patent rights (including any patents issued on such applications or rights), inventions, inventors’ notes, research data, unpatented blue prints, drawings and designs, formulae, processes, technology; (d) trade names, brand names, business names, business styles, trade names, distinguishing guises, corporate names, domain names, website names and world wide web addresses, common law trade-marks, trade-mark registrations, trade-mark applications, service-marks, service-mark registrations, service-mark applications, trade dress and logos; and (e) all other intellectual, industrial or proprietary rights, together with all rights under licenses, registered user agreements, technology transfer agreements and other agreements or instruments relating to any of the foregoing; and “intellectual property rights” means the rights and interests of the owner thereof.
      3. “Member” means a user who has submitted their email address to us and created an account with us via which personal information is stored via the Site for subsequent access, and “Membership” has a corresponding meaning.
      4. “Personal information” has the meaning given to it in the Privacy Policy.
      5. “Product” means the Wills, Powers of Attorney, Living Wills and other legal documents generated by the Site.
      6. “Site Content” means all text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site, and includes all Succession IP therein and thereon.
      7. “Spousal Product” means a Product for which the Member’s spouse is the testator, grantor or otherwise the subject matter, via the ‘Spousal Addon’ feature appearing on the Site (or any similar features which may from time to time be offered by us as part of the ordinary operation of the Site).
      8. “You”, “your” or the “user” means the customer, visitor or member to the Site or recipient of any Services, whether for their own account or as agent or representative of another person or on behalf of a corporation or unincorporated organization, and, where a Spousal Product is purchased, includes such person’s spouse named therein.
      9. “We”, “us, “our” or “Succession” means Succession Wills, Inc, a corporation incorporated pursuant to the laws of the State of Delaware.
  2. Restrictions On Use
    1. THE SITE IS FOR YOUR PERSONAL USE ONLY, AND NOT FOR COMMERCIAL USE. You shall not use the Site to prepare or produce Products on behalf of any other person or organization, save and except where you use the Site to create a Spousal Product, in which case you represent and warrant that (a) you have the express consent and authority from such spouse to do so, (b) your spouse has reviewed and agreed to be bound by these Terms, and (c) in the event of the breakdown or dissolution of your marriage or other form of spousal relationship, you will cease the creation of any further Spousal Products with respect to each other and otherwise be solely responsible for attending to any updates or changes to your estate, succession or testamentary planning as a result of such breakdown or dissolution.
    2. Except with the prior written consent of Succession, no element, attribute or component of the Site, the Site Contents or the Services may be reproduced, copied, reverse engineered, decompiled, scraped, used to datamake derivative products, services or works, licensed, leased or rented, distributed, published, disseminated, sold or otherwise commercialized, whether directly or indirectly, in whole or in part, in or on any medium, nor shall the user attempt (per permit any person to attempt on the user’s behalf or at the user’s direction) to obtain or recreate the source code from the object code of the Site. Without limiting the generality, you shall not use the Site to prepare or produce a Product for another person or organization for commercial gain or any manner of compensation whatsoever, whether directly or indirectly, in whole or in part. In the event you engage any of the foregoing activities described in the preceding two sentences (each a “Prohibited Resale”), then in addition to and without limitation of any other damages or other legal or equitable rights and remedies which Succession may be entitled to, all proceeds of such Prohibited Resale (together with all accretions thereto, income thereon and assets into which such proceeds may be traceable) shall be the sole and exclusive property of Succession, and shall be forthwith remitted to Succession.
    3. The Site may only be used by users who are of or over the age of majority and have the legal power and capacity to enter into a binding contract in their jurisdiction. In most cases, this means you are representing and warranting that YOU ARE AT LEAST 18 YEARS OF AGE.
    4. As a condition of your use of the Site and the Services, you agree that you shall not:
      1. use the Site or the Services for any purpose that is unlawful under applicable law, or prohibited by these Terms;
      2. defame or disparage any person or organization, or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or Site Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
      3. use the Site to distribute viruses, trojans, worms or malware or other similar harmful software code, or otherwise tamper or interfere with, spam, blunt force or otherwise compromise the Site, its operation, its integrity or its security, or attempt to do any of the foregoing or otherwise bypass or circumvent any security or privacy protection measures of the Site;
      4. represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
      5. input any Data into the Site which violates the intellectual property rights of any other person, which you do not have legal authority to use for such purpose,
    5. If we, in our absolute discretion, determine at any time that you have violated any of the above provisions of this Section 2 or any other of the Terms, we may immediately suspend or permanently discontinue your use of and access to the Site and Services, including by deleting your Membership account and any and all of your Data.
  3. Access to Your Account
    1. Succession will not be obligated to give access to your Membership account to any other person or otherwise disclose or reset your login credentials. Notwithstanding:
      1. in the event you forget or lose your login credentials, Succession will follow such protocols as it may have in place to reset such credentials or otherwise enable you to regain access to your account, PROVIDED THAT SUCCESSION DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT SUCH PROTOCOLS AND PROCESSES WILL BE FREE FROM BEING CAPABLE OF BEING EXPLOITED, HACKED OR OTHERWISE COMPROMISED RESULTING IN AN UNAUTHORIZED THIRD PARTY GAINING ACCESS, AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY THEREFOR, and in such event, such unauthorized access shall constitute a Site Compromise for the purposes of these Terms and be governed by the provisions hereof applicable thereto; and
      2. in the event of the death or legal incapacity of the user resulting in the purported legally authorized representative(s) of the user attempting to gain access to such account or any of the user’s Data for the purposes of administering the user’s affairs, Succession shall be entitled to give such person or persons such access and Data for such purposes (and the user hereby consents thereto notwithstanding anything contained in the Privacy Policy) upon taking such steps as in Succession’s sole and unfettered discretion may be necessary to verify the identity and authority of such person or persons, but SUCCESSION DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT SUCH STEPS AND PROCESSES WILL BE FREE FROM BEING CAPABLE OF BEING EXPLOITED, HACKED OR OTHERWISE COMPROMISED RESULTING IN AN UNAUTHORIZED THIRD PARTY GAINING ACCESS, AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY THEREFOR.
    2. Although there may be circumstances in which you may need to share your Membership or access credentials with another person for legitimate legal purposes, you are strongly encouraged by Succession not to do so, and Succession hereby disclaims all responsibility or liability whatsoever in connection with any unauthorized access to or disclosure of your Membership account or Data resulting from your doing so or otherwise failing to keep your login credentials confidential.
  4. Legal Disclaimers
    1. Succession is an online self-help platform which relies on the Data you provide and proprietary software algorithms to generate Products in an automated fashion. SUCCESSION IS NOT A LEGAL SERVICES PROVIDER, LAW OFFICE OR LAW FIRM, DOES NOT PROVIDE LEGAL ADVICE OR LEGAL REPRESENTATION OR OTHERWISE PRACTICE LAW, AND IS NOT A FULL SUBSTITUTE FOR THE ADVICE OR REPRESENTATION OF A LAWYER. THE SERVICES ARE NOT PROVIDED OR PERFORMED BY A LAWYER. No lawyer-client relationship is created between you, on one hand, and Succession or any of its directors, officers, shareholders, employees or representatives, on the other hand. The foregoing also means that your Data and any other information or materials you provide to Succession, although subject to our Privacy Policy, are NOT SUBJECT TO LAWYER-CLIENT PRIVILEGE or any professional obligations of confidentiality established by any applicable State Bar, Law Society or other legal profession governing body, meaning such Data, information and materials may potentially be required to be disclosed to governmental, law enforcement, administrative, taxation or judicial authorities, or may be compelled by discovery or deposition in a legal proceeding. To the extent Succession may from time to time carry liability insurance with respect to the Site, the Services and Products, such insurance DOES NOT CONSTITUTE PROFESSIONAL LIABILITY OR MALPRACTICE INSURANCE AS A LAWYER MAY BE REQUIRED TO MAINTAIN.
    2. Without limiting the generality of the preceding paragraph, you acknowledge and agree that YOU USE THE SITE AT YOUR OWN RISK in that:
      1. Laws pertaining to wills, trusts, powers of attorney and other aspects of estate, succession and testamentary planning and administration vary from jurisdiction-to-jurisdiction. The Site will from time to time indicate which states, provinces or other jurisdictions the Site has been designed to apply to, and any Products generated for you will be based on the jurisdiction of the residential address you have inputted into the Site. It is your responsibility to ensure the Site applies to your jurisdiction, and to input the correct information. THE SERVICES AND PRODUCTS ARE PROVIDED ON THE ASSUMPTION THAT YOUR ESTATE, SUCCESSION AND TESTAMENTARY AFFAIRS WILL BE EXCLUSIVELY SUBJECT TO THE LAWS OF THE JURISDICTION WHICH YOU INPUT INTO THE SITE AS YOUR RESIDENTIAL ADDRESS. Succession is relying on the accuracy of such information in providing the Services and the Products, and is not responsible or liable for any invalidity of or other issues or deficiencies with Products produced for you as a result of either (a) your having input inaccurate location or address information, or (b) you otherwise not residing in or being subject to the laws of the jurisdiction you have input into the Site as your residential address.
      2. Succession and the Site rely on the accuracy and completeness of the information you have input into the Site. Succession is not responsible or liable for any invalidity of or other issues or deficiencies with Products produced for you as a result of your having input inaccurate or incomplete information.
      3. Laws change over time. While we at Succession strive to keep the Site and the software therein current, we do not represent and warrant that the Site and the Products produced thereby will at all times be up-to-date based on the most recent laws passed and changes to the law in any given jurisdiction. Moreover, while a Product produced may be legally accurate or compliant at the time it is generated by the Site, Succession provides no representation or warranty whatsoever that it will remain legally accurate or compliant for any period of time thereafter.
      4. Succession is not responsible or liable for any invalidity of or other issues or deficiencies with Products which result from any modification or supplementation thereof from the form in which they are generated by the Site, whether such modifications or supplementations are made by you or any third party, including any legal practitioner.
      5. Products produced by the Site are generated by an automated software process, and may contain errors and/or omissions. You are expected to carefully review the contents of all such Products produced for you, and you are solely responsible for ensuring they are accurate and free from errors or omissions before you sign them or otherwise make them effective or binding. Succession is not responsible or liable for any errors or omissions in the Products.
    3. To the extent Succession or any of its employees, third party contractors or vendors or other representatives (collectively, “Our Representatives”) communicate with you regarding the Site, the Services or the Products, including the provision of support or the answering of any questions or inquiries you may submit, whether via the Contact Us form, email, telephone, web chat, or private or public messaging via any social media or other online platform (collectively, “Succession Communications”), or otherwise, any guidance, instructions, directions, recommendations or advice provided relates strictly to use of the Site and technical support. OUR REPRESENTATIVES WILL NOT PROVIDE LEGAL ADVICE, LEGAL SERVICES, LEGAL REPRESENTATION OR LEGAL RECOMMENDATIONS VIA ANY SUCCESSION COMMUNICATIONS, AND YOU SHOULD NOT INTERPRET ANY SUCCESSION COMMUNICATIONS AS INCLUDING ANY OF THE SAME. If you have legal questions in connection with your use of the Site or Services or otherwise require legal advice, legal services, legal representation or legal recommendations, you should contact a duly qualified and licensed legal practitioner in your jurisdiction.
    4. SUCCESSION DOES NOT PROVIDE ANY TAX ADVICE, RECOMMENDATIONS OR PLANNING FOR ANY JURISDICTION. SUCCESSION DOES NOT PROVIDE FINANCIAL OR SUCCESSION PLANNING ADVICE OR RECOMMENDATIONS FOR ANY JURISDICTION. You are encouraged to seek the advice of a qualified and competent professional for any such advice or recommendations you may need.
    5. While we use commercially reasonable efforts to ensure the Site will operate and the Services will be provided free from errors, bugs, interruptions and other technical issues, we do not in any way guarantee, represent or warrant that the Site and the Services will at all times operate or be available on such basis.
    6. You acknowledge and agree that your Data, including personal information, will be collected, used and otherwise dealt with in accordance with the Privacy Policy, and represent and warrant that you have read and understood the Privacy Policy.
    7. While we use commercially reasonable efforts to ensure the security of the Site and the protection of your privacy and Data, we do not in any way guarantee, represent or warrant that the Site or your Data will not become the subject to a security breach or otherwise be improperly accessed or compromised by third parties without our consent or acquiescence, or become lost or corrupted (as applicable, any of the foregoing is referred to as a “Site Compromise”). Succession intends to maintain all industry appropriate security and data protection measures at all times during the operation of the Site and the storage of any user Data to avoid or minimize Site Compromises, and will promptly notify you in accordance with applicable privacy laws in the event of any Site Compromise which affects you upon Succession becoming aware thereof, but Succession’s sole responsibility and liability to you and anyone claiming under you in the event of a Site Compromise will be to so notify you and to otherwise rectify the underlying security issue, bug, error or flaw that gave rise to the Site Compromise, such that Succession shall have no liability for damages whatsoever in connection to any Site Compromise, whether general, special, exemplary, punitive, indirect or consequential (including, without limitation, lost opportunity, revenues, profits, salaries, reputation or standing), regardless of whether such liability arises out of breach of contract, statute, guarantee or warranty, tort, product liability, indemnity, contribution, strict liability or any other legal theory.
  5. Intellectual Property
    1. The Site, all Site Contents and all trade names, brand names, business names, business styles, trade names, distinguishing guises, marks and logos appearing in any corresponding social media or other online platforms which Succession may use to market, distribute, communicate or provide support for the Site and Services, and all copyrights, patents and other intellectual property rights therein, are the sole and exclusive property of Succession, inclusive of all source code, object code, databases and other programming and code therein, the design thereof and all other intellectual property rights associated therewith (collectively, the “Succession IP”).
    2. The use of the Site, creation of a Membership, input of Data and other interaction by the user with the Site and Services shall not confer upon the user any intellectual property rights or other right, title and interest in the Succession IP whatsoever, other than the revocable limited non-transferable non-sublicensable license to use the Site and the Services in accordance with these Terms and the Additional Terms and as its use is reasonably intended by Succession, and the use of any of the Succession IP for any other purpose without Succession’s prior written consent is strictly prohibited, including, but not limited to, in connection with any Prohibited Resale. The foregoing license is granted at the discretion of Succession and may be terminated at any time for any reason or no reason, upon which the user shall immediately cease all use of and access to the Site.
    3. Without limiting the generality of the foregoing provisions, in the event you provide us with any feedback, suggestions, ideas or other information via Succession Communications, you do so on a strictly gratuitous and unsolicited basis, and you will have no right, title or interest, whether intellectual property rights or otherwise, in or to any resulting modifications, enhancements, upgrades, improvements or additions to the Site, the Services or the Products as a result thereof, and shall be entitled to no compensation or consideration whatsoever therefor.
  6. Payment
    1. The rates charged by Succession for the Services are established by Succession from time to time at its discretion and may be changed from time to time at its discretion without prior notice. The rates displayed on the Site at the time of ‘checkout’ or payment processing are the then applicable rates and will apply to the user notwithstanding any previous rates that may have been displayed, including immediately prior to such time.
    2. All payments for the Services will be made via our third-party merchant services providers which we engage from time to time, and will be subject to such Additional Terms as may be imposed by them.
    3. All transactions, sales and payments with Succession are final, and are not subject to cancellation or refunds except as Succession may otherwise determine in its sole discretion on a case-by-case basis. Without limiting the foregoing, cancellation of your Membership or your use of the Site in accordance with these Terms or the Additional Terms will not entitle you to a refund of any kind.
  7. Third Party Services and Links
    1. The Site may contain hyperlinks or other forms of connection or reference to websites, applications, platforms or services operated by third parties (“Third Party Platforms & Services”). The Site utilizes Third Party Platforms & Services for your convenience and to enhance the Services, but Succession has no control over or responsibility for the Third Party Platforms & Services, provides no representation or warranty whatsoever regarding their quality, fitness, accessibility, operation, security or integrity, and shall not be responsible or liable for any losses or damages in connection with your use of any Third Party Platforms & Services. YOU USE ALL THIRD PARTY PLATFORMS & SERVICES AT YOUR OWN RISK.
    2. Succession does not necessarily endorse, recommend or share the views of any contents, products, services or statements appearing on any Third Party Platforms & Services.
    3. Your use of all Third Party Platforms & Services is subject to such Additional Terms as may be imposed by the provider thereof.
  8. Limitations of Liability
    1. THE SITE AND THE SERVICES ARE PROVIDED AND MADE AVAILABLE ON AN “AS IS, WHERE IS” AND “AS AVAILABLE BASIS. SUCCESSION MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE SERVICES OR THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGMENT, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU USE THE SITE, THE SERVICES AND THE PRODUCTS AT YOUR OWN RISK.
    2. IN NO EVENT SHALL SUCCESSION, ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE RESPONSIBLE OR LIABLE, THE SITE, IN CONNECTION WITH THE SITE, THE SERVICES OR THE PRODUCTS, FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST OPPORTUNITY, REVENUES, PROFITS, SALARIES, REPUTATION OR STANDING), REGARDLESS OF WHETHER SUCH LIABILITY ARISES OUT OF BREACH OF CONTRACT, STATUTE, GUARANTEE OR WARRANTY, TORT, PRODUCT LIABILITY, INDEMNITY, CONTRIBUTION, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, OR FOR ANY MATTER BEYOND ITS REASONABLE CONTROL INCLUDING WITHOUT LIMITATION ANY BREACH BY THE USER OF THESE TERMS OR ANY ADDITIONAL TERMS.
    3. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, SUCCESSION IS FOUND TO BE LIABLE IN DAMAGES TO THE USER OR ANY SUCCESSOR, ASSIGN, HEIR, AGENT, REPRESENTATIVE OR ANY OTHER PERSON CLAIMING UNDER THE USER, THE AGGREGATE TOTAL LIABILITY OF SUCCESSION TO ALL SUCH PERSONS SHALL BE LIMITED TO THE TOTAL OF THE COMPENSATION ACTUALLY PAID BY THE USER TO SUCCESSION FOR THE SERVICES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER SUCH LIABILITY ARISES OUT OF BREACH OF CONTRACT, STATUTE, GUARANTEE OR WARRANTY, TORT, PRODUCT LIABILITY, INDEMNITY, CONTRIBUTION, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.
    4. YOU HEREBY AGREE TO INDEMNIFY AND SAVE HARMLESS SUCCESSION, ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, FOR, FROM AND AGAINST ANY AND ALL MANNER OR FORM OF CLAIM, DEMAND, CAUSE OF ACTION, DAMAGE, LOSS, COSTS, LIABILITY OR EXPENSE, AND ANY AND ACTIONS, APPLICATIONS, COMPLAINTS, GRIEVANCES, SUITS, CHARGES, INVESTIGATIONS AND OTHER MANNER OF PROCEEDINGS WHICH MAY BE MADE, BROUGHT, PROSECUTED OR ENFORCED IN RESPECT THEREOF, WHETHER JUDICIAL, CRIMINAL, CIVIL, PRIVATE, REGULATORY OR ADMINISTRATIVE, INCLUDING ALL LEGAL COSTS INCURRED IN DEFENDING OR RESPONDING TO THE SAME, IN CONNECTION WITH (A) YOUR USE OF THE SITE, SERVICES AND PRODUCTS, INCLUDING ANY ACT, OMIISSION, NEGLIGENCE, WILFUL MISCONDUCT OR CRIMINAL ACT BY YOU IN DOING SO, (B) YOUR BREACH OR VIOLATION OF THESE TERMS OR ANY OF THE ADDITIONAL TERMS, (C) YOUR BREACH OR VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (D) YOUR BREACH OF ANY APPLICABLE LAW, REGULATION OR DIRECTIVE OR ORDER OF ANY GOVERNMENTAL BODY, ADMINISTRATIVE BODY OR JUDICIAL BODY OF COMPETENT JURISDICTION, AND (E) ANY OF THE FOREGOING CAUSED BY OR RESULTING FROM (I) YOUR DATA WHICH YOU HAVE UPOADED OR TRANSMITTED TO THE SITE OR PROIVIDED VIA SUCCESSION COMMUNICATIONS, OR (II) ANY OTHER PERSON TO WHOM YOU HAVE GIVEN ACCESS TO YOUR MEMBERSHIP OR ACCOUNT (INCLUDING THE LOGIN CREDENTIALS THEREFOR), WHETHER INTENTIONALLY OR INADVERTENTLY.
  9. Changes, Amendments and Assignment
    1. Succession reserves the right to make modifications, enhancements, upgrades, improvements or additions to the Site, the Services or the Products from time to time at its discretion, including the removal or cessation of any component or feature thereof, whether on a temporary or permanent basis. No such change will give the user any right to a refund or other compensation in connection with any amount previously paid.
    2. These Terms may be amended from time to time by Succession by posting such amendment on the Site in replacement of any previous version of these Terms. The ‘version number’ or ‘last modified date’ shown on the Site shall be determinative as to the version of these Terms which apply at any given time. Any such amendment or change will be effective upon such posting, without the need for Succession to notify you thereof or otherwise post or communicate that there has been such a change. By continuing your use of the Site or not cancelling your Membership upon or after any such change, you agree that you will be bound by the then current version of these Terms applicable from time to time in accordance with the foregoing.
    3. These Terms may be assigned by Succession to any successor or assignee who may acquire, merge with or amalgamate with Succession or who may acquire the Site or any the intellectual property therein, or to whom Succession may license the Site or any of the intellectual property therein, in whole or in part, without notice to or the consent of the user or other restriction.
    4. You may not assign, sublicense or transfer any of your rights and obligations under these Terms except pursuant to any transfer by operation of law by reason of your death or incapacity.
  10. Governing Law and Forum
    1. Succession is headquartered in Florida, U.S.A. You acknowledge and agree that the Services are deemed to be provided and delivered solely in such jurisdiction.
    2. Notwithstanding, these Terms, including the interpretation and application thereof, shall be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, excepting the choice of law rules.
    3. In the event any dispute, suit or proceeding arises in connection with the interpretation and application of these Terms, or otherwise in connection with the Site, the Services or the Products, you agree that the courts of the Province of Ontario, Canada shall have exclusive jurisdiction over such dispute, suit or proceeding, and agree to attorn to the jurisdiction of such courts.
    4. YOU HEREBY IRREVOCABLY WAIVE TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING IN CONNECTION WITH ANY DISPUTE, SUIT OR PROCEEDING ARISES IN CONNECTION WITH THE INTERPRETATION AND APPLICATION OF THESE TERMS, OR OTHERWISE IN CONNECTION WITH THE SITE, THE SERVICES OR THE PRODUCTS.
  11. General Terms
    1. These Terms do not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Succession.
    2. Each provision contained in these Terms is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof, and any such court is empowered to reconstrue and ‘bluepen’ these Terms to the minimal extent necessary so as to render them enforceable in the applicable jurisdiction, provided any such change shall apply only in such specific circumstance and in such jurisdiction.
    3. All notices and communications from us to you may be either (a) if specific to you, sent to your email address that was used to create your Membership account, or (b) if general in nature, displayed on the Site or posted on our social media or other online platforms. All notices and communications from you to us shall be delivered via the Contact Us page on the Site. The delivery of notices and communications by the foregoing means shall constitute valid delivery of such notification or communication for all legal purposes. IT IS YOUR RESPONSIBILITY TO KEEP YOUR ACCOUNT AND CONTACT INFORMATION CURRENT SO WE MAY COMMUNICATE WITH YOU FOR SUCH PURPOSES.
    4. The division of these Terms into Sections, subsections and further divisions, and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of these Terms. The terms “these Terms”, “hereof”, “hereunder” and similar expressions refer to these Terms and not to any particular Sections, subsection or other portion hereof, and include any agreement supplemental hereto. Unless something in the subject matter or context is inconsistent therewith, references herein to Sections, subsections, paragraphs, subparagraphs and further subdivisions are references to such subdivisions of these Terms. Unless something in the subject matter or context is inconsistent therewith, references to a “party” or “parties” are references to the parties to these Terms, and where a reference to the parties implies there are only two parties, Phillips and Phillips shall be construed in the context as a single party.
    5. These Terms, together with the Additional Terms, constitutes the entire agreement between Succession and the user with respect to the subject matter thereof and supersedes all understandings and discussions communicated as between such parties, whether written or oral, whether via Succession Communications or otherwise.
    6. These Terms shall be binding upon and enure to the benefit of Succession and the user, their respective heirs, executors, administrators and other legal representatives and, to the extent permitted hereunder, their respective successors and assigns.
    7. Except as expressly provided in these Terms, no amendment or waiver of these Terms or any portion thereof shall be binding unless in writing. No waiver of any provision of these Terms shall constitute a waiver of any other provision, nor shall any waiver of any provision of these Terms constitute a continuing waiver unless otherwise expressly provided.

CURRENCY/LAST UPDATED DATE: October 29, 2024