Modified: March 25, 2022

Between: You (hereinafter referred to as, “You” or the “End User”) and: ETP Canada Inc. (hereinafter referred to as “We”, “Us, or the “Site”)

Thank you for deciding to use Executor Ready, a service provided by ETP Canada Inc., located at 27 Cork St W. Guelph, ON N1H 2W9 and at 519-362-1872. We have prepared the following so that You understand the uses and limitations of our Services (defined below). Please read the following terms and conditions (hereinafter referred as the “Terms”) carefully, as they contain important information regarding your use of the Service. These Terms affect your legal rights, remedies, and obligations. By accessing or using the Service, you acknowledge that you have read, understand, and agree to be bound by these Terms. By agreeing to these Terms, which is a pre-condition of your subscription to the Service, You are confirming your acceptance of the Terms. If you do not agree to these terms. In whole or in part, then you are not permitted to use the Service.

Modification of the Services and terms of use

We reserve the right to add, remove, modify, discontinue, or otherwise change the Site or Services or to modify these Terms of Use, at any time and without prior notice or with such notice as required by applicable law. If we modify these Terms of Use, we will post the modification on the Site or otherwise provide you with notice of the modification. The date of most recent revision shall be noted at the beginning of these Terms of Use. Changes are effective when such changes, modifications, additions, or deletions are posted to the Site. It is your sole responsibility to periodically review the Terms as posted on the Site.

By continuing to access or use the Site or Services after we have posted a modification to these Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, you are not permitted to use the Services and must cease using the Services.

YOU AGREE THAT BY USING THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

We do not provide legal, tax, or investment advice

We offer an online service that you may elect to purchase called Executor Ready ( the “Service” “Services” or “Executor Ready”) through the website located at executorready.ca (the “Site”). The Service allows the End User to access an online video course and use of the course workbook. If you use these services, you understand that your use is neither legal advice nor the practice of law. Our Services do not substitute the advice of a lawyer, investment advisor, or tax accountant and your specific needs or situation may require professional advice. If your matter is too complex to be addressed by our Service, you need to consult a licensed lawyer.

AT NO TIME IS A LAWYER-CLIENT RELATIONSHIP OR ANY SPECIAL RELATIONSHIP CREATED BETWEEN YOU AND US WHEN USING OUR SERVICES. ANY INFORMATION YOU PROVIDE US IS NOT PROTECTED BY LAWYER-CLIENT PRIVILEGE. YOU ARE AND WILL BE REPRESENTING YOURSELF IN ANY MATTER YOU UNDERTAKE USING THE SERVICE.

We provide online tools and materials to assist you with your Estate Trustee duties, and related estate administration information. We strive to keep the documents and other materials available through the Services, including any descriptions, information and other help resources (collectively, the “Document Materials”) current and up-to-date; however, they are not legal advice and, due to rapidly changing laws and tax regulations from jurisdiction to jurisdiction, our documents are not guaranteed to be correct, complete or up-to-date and may be subject to interpretation by different courts. We do not review the Document Materials or any information you input into the course workbook for accuracy or legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. You understand that our providing of the Services to you is neither legal advice nor the practice of law, and that the Document Materials are not customized to your particular needs. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed lawyer in your area.

If, prior to your use of any legal document, you believe that we gave you any legal advice, opinion or recommendation about your legal rights, remedies, defenses, options, selection of forms or strategies, you must not use these documents, and any use of these documents is done at your own risk.

Payment for Service

Fees for the Service, in the amount as stated on the Site and any applicable taxes (hereinafter referred to as “Service Fees”), will be processed at the time you checkout. Once payment is processed, you will be able to access the video course modules, view, download or print your Executor Ready workbook documents. We may change the Service Fees at any time and from time to time without prior notice or with such notice as required by applicable law.

Payment processing services for the Service are provided by Stripe and are subject to the Stripe Services Agreement. By agreeing to these terms or continuing to operate as a customer on Executor Ready, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of using payment processing services through Stripe, you agree to provide accurate and complete information, and you authorize us to share this information and transaction information related to your use of the payment processing services provided by Stripe.

You may notify us of your intent to cancel the Service at any time and your cancellation will become effective at the end of your current billing period or as soon as possible at your option. You will not receive a refund for the remainder of the term. Although we do not normally provide refunds or credits for the Service, we do reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

Keeping your data current

Notifications to the End User will be emailed to the email address you provide to us. We will use the most recent data that You provide to Us. Failure to update contact details may result in inability to effectively notify Users or may result in sending notifications to an out-of-date party.

Limitation of liability

WE WILL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY CONTENT POSTED ON THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. OUR MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO USE THE SERVICE.

Indemnity

You, on behalf of yourself and your successors, hereby release, indemnify, and hold Us, as well as our contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties harmless from and against any and all liabilities, claims, damages, costs and expenses, including legal fees and court costs for third party claims, demands, requests, investigations, and proceedings, relating to or arising from your use of the Service or any violation of these Terms by you.

Intellectual property rights

The Site and Services, including all content, is the exclusive property of ETP Canada Inc. and is protected by Canadian and worldwide copyright and trademark laws. ETP Canada Inc. retains all rights in the Services, including, without limitation, software, images, texts, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music or any user content. By using the Site and Services, You agree to comply with copyright and trademark laws worldwide. You may not modify the content, or reproduce, display, distribute, lease, sell, create derivative works based (in whole or in part) on all or any part of the Service or any materials made available through the Service or otherwise use any of the material in any way for public or commercial use unless expressly authorized in writing by ETP Canada Inc. You may not copy, imitate or use in any manner any text, graphics, images, button icons, company name or logo contained on the Website unless expressly authorized to do so by us.

Executor Ready is an online learning platform that You can access through a personal account via a password protected website. Except as permitted by law, You may not use this software for any purpose, other than those set out within these Terms. You may not attempt to decipher, decompile, disassemble or reverse engineer any of the components of this platform, in whole or in part.

Grant of limited license

Subject to your compliance with the terms and conditions of these Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as designed and as set forth in these Terms of Service. We reserve all rights not expressly granted herein in the Services and the Content (as defined below). We may terminate this license at any time for any reason or no reason.

Subject to the other provisions of these Terms of Service, We grant you permission to download, view, copy and print documents on any single, stand-alone computer or device solely for your personal, informational, non-commercial use. You agree that you will not download, view, copy, print, replicate or modify any documents downloaded from Executor Ready in whole or part. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Service. On any such termination, you agree to immediately destroy any downloaded or printed documents and to cease using the service. Any unauthorized use of any documents contained on the Site or available through the Services may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

Protection of Site

You may not use the Site in any manner that could damage, disable, overburden or impair it or its application in any way. You may not upload, post or otherwise transmit any materials on this Website that would negatively impact the functioning of this Website, including but not limited to, computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs. You may not use any process or program to monitor, copy, summarize or otherwise extract information from the Service. Violations of system and network security may result in civil or criminal liability.

Should We deem You, in our sole discretion, to be in breach of the above paragraph, We will terminate your use of the Service indefinitely, with no financial liability or recourse to You.

We will use best efforts to implement measures to avoid and eliminate all viruses/ harmful mechanisms.

Registration and password

When You create an account with Executor Ready, your email address and other personal information is required upon your registration. The information You input must be your own and You may not use another person’s personal information to access the Service. You may not register an email address which You do not own or for which You do not have the express permission of the owner to use.

When You create an account with Executor Ready, You are required to provide a password. You may not share your password with any third party for any unauthorized or unlawful purpose or use. You agree to immediately notify us of any unauthorized uses made on your Executor Ready account. We bear no responsibility or liability whatsoever, for any harm or injury that may arise from a third-party gaining access to your password, for any reason.

You may change your password as frequently as You deem necessary. You are solely liable and responsible for any loss, damage, harm or other injury which may arise from the unauthorized use of your username and/or password by a third party. We do not limit the number of times You may change your password. We strongly recommend that You change your password periodically. We also strongly recommend that You use a strong password (e.g. choosing a password of appropriate length, include capital and lower-case letters, numbers, punctuation marks) and that this password for your Executor Ready account is unique and not one that You use for other services. The onus to change your password and to protect the confidentiality of your password rests solely on You.

Physical device security

Your Executor Ready account may be accessed via the Site, through a desktop, a smartphone or tablet (your “Device”). You are solely responsible for safeguarding your Device and any access to that Device. The responsibility to keep your account secure from unwanted individuals rests solely with You. We assume no responsibility or liability for any account access through any unauthorized access through a Device.

Privacy

Personal information that we collect in connection with your use of the Service will be handled in accordance with our privacy policy (“Privacy Policy”). If you have any questions about our Privacy Policy, you may contact us at info@executorready.ca.

By subscribing to the Service, the End User acknowledges and consents to us using the information collected from the End User in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA).

The content of documents downloaded through your use of the Service are intended for your use. If You sign up for an account with Executor Ready, it is because You want to generate these documents for yourself as the Estate Trustee.

We will share your personal information with any law enforcement or government agency should we be required to do so by law.

Limitations on use

You agree and acknowledge that You will use the Service only for its stated purposes and in a lawful manner. You agree that You will not use Executor Ready in any manner whatsoever, or for any purpose whatsoever, that is harmful to You or to others, or which could be construed as harassment, intimidation or a violation of the privacy rights of others.

Links to third-party sites

The Site may contain links to third party resources and businesses on the Internet, called here “links” or “Linked Sites.” Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. We do not sponsor any third party “linked sites.” We are not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.

We do not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. We are not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third-party sites.

If you use any service provided on a Linked Site, (a) We will not be responsible for any act or omission of the third party, including the third party’s access to or use of your customer data and (b) We do not warrant or support any service provided by the third party.

No warranties

You specifically acknowledge and agree that your use of the Service is at your own risk and that the Site and the Service are provided on an “as is”, “as available” and “with all faults” basis. ETP Canada Inc., its officers, directors, employees, and agents disclaim to the maximum extent permitted by applicable law all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

ETP Canada Inc., its officers, directors, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of the Site and Service, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to the Service, and/or (iii) the Service found at the Site or any sites linked (through hyperlinks, banner advertising or otherwise) to the Site, and We assume no liability or responsibility for same. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY ETP CANADA INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL, INVESMENT OR TAX ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE SITE OR THE SERVICE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of the Site or the Service.

Governing law

These Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to conflict of laws provisions or principles. To the fullest extent permitted by applicable law, each of the parties hereto irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario.

These Terms shall be governed by and interpreted in accordance with the laws of the province in which you reside and the federal laws of Canada applicable therein. In the event of a dispute, you agree that the courts in the province where you reside are competent to hear such dispute and you agree to be bound by any judgment of that court.

Waiver of class actions

To the fullest extent permitted by applicable law, the parties agree that any dispute arising out of or in connection with the Service for these Terms shall be resolved by individual court action. For clarity, to the fullest extent permitted by applicable law, You hereby waive any right You may have for any dispute arising out of or in connection with the Service or these Terms to be arbitrated or litigated as a class action proceeding or on a consolidated basis, or on bases involving disputes brought in a purported representative capacity.

General

These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Executor Ready.

Neither Executor Ready nor you (each, a “Party”) shall be liable to the other for any failure to perform any of its or your obligations under these Terms during any period in which such performance is delayed by circumstances beyond its or your reasonable control, such as fire, flood, war, embargo, strike, epidemic, pandemic, riot, terrorism, or the intervention of any governmental authority (a “Force Majeure”). In such event, however, the delayed Party must promptly provide the other party with written notice of the Force Majeure. The delayed Party’s time for performance will be excused for the duration of the Force Majeure.

If any provision herein is held to be invalid or unenforceable to any extent, then such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent.

Headings in these Terms are for convenience of reference only and shall in no way affect interpretation of such Terms.

In the event that any provision of these Terms is deemed to be void or unenforceable in whole or in part, it shall not affect or impair the validity of any other provisions of the Terms.

All provisions contained within these Terms shall constitute the entire agreement. No provision shall be removed without the prior written consent from ETP Canada Inc.

Should You not be able to access your account, You will need to contact Executor Ready at info@executorready.ca for assistance.