for your interest in PartingWishes.com.
Please read this page in its entirety as it explains your rights
("Agreement") between you and PartingWishes Inc.. The Agreement, as amended from
time to time, explains the contractual agreement between you (the "Member") and
PartingWishes Inc. ("us", "we" or "PartingWishes Inc.") regarding your use of
our web site (the "Web Site" or "PartingWishes.com Web Site"), the information
on the Web Site (the "Content"), our facilitation of your activities and
transactions conducted through the Web Site (the "Services"), and the product of
those activities (the "Documents"). Your use of the PartingWishes.com Web Site
constitutes a full and complete acceptance of the terms of this Agreement.
The Agreement contains the following sections:
Subsequent Revisions to Agreement
Use of the PartingWishes.com Web site
Your Use of the PartingWishes.com Web Site is at your own
Disclaimer of Liability
Web Site Content
Disclosure of Information
Information Volunteered to PartingWishes Inc.
Third Party Links
I. Subsequent Revisions to Agreement
are cancelled. It is a condition of membership that members agree to these terms
and conditions. PartingWishes Inc. may periodically revise the terms of this
Agreement by updating this page. You agree to be bound by subsequent revisions
to this Agreement. Accordingly, you should periodically visit this page to
page of the PartingWishes.com Web Site.
II. Use of the PartingWishes.com Web Site
PartingWishes Inc, its affiliates and agents make this Web site and all other
"Site"), and the Materials and Services, available for your access and use
communications, downloads, files, text, images, photographs, graphics, videos,
webcasts, publications, content, tools, resources, software, code, programs and
products made available or enabled via the Site by PartingWishes Inc or users of
this Site. "Services" means all services and resources offered or enabled via
the Site by PartingWishes Inc and users of this Site, including download areas,
product and other information services.
You agree to use the Services only to access, download, utilize, post, send or
receive Materials in an appropriate manner as related to the particular
Materials or Services being accessed or used by you. As some examples of
improper activities when accessing or using the Site, Services or Materials, you
agree that you shall not:
- Collect, harvest, mine or engage in any other activity to obtain e-mail
addresses, phone numbers, personal information or any other information about
- Use or attempt to gain access to or use another's account, password, Service,
Materials or computer systems or networks connected to any PartingWishes.com
server or to the Site without authorization from PartingWishes Inc, whether
through hacking, password mining or any other means.
- Remove or falsely add to any uploaded Materials any copyright, trademark or
other legal or proprietary rights notices, author attributions or other
information such as origin or source of the Material.
- Access or attempt to access any Material that you are not authorized to access
or Materials through any means not intentionally made available through the Site
- Make available any files containing Materials where you do not own or control,
or have not received the necessary licenses to, all Intellectual Property
Rights, rights of privacy and publicity and all other rights in and to such
- Use any Materials in any manner that infringes any Intellectual Property Rights
or other rights of any party.
- Disrupt or interfere with the security of, or otherwise cause harm to, the Site,
or any Services, Materials, systems resources, accounts, passwords, servers or
networks connected to or accessible through the Site or any affiliated or linked
- Transmit unsolicited or bulk communications to any PartingWishes.com account
holder or to any PartingWishes.com or affiliated e-mail address.
- Post or otherwise submit any software, programs or files that are harmful or
disruptive of another’s equipment, software or other property, including any
corrupted files, time bombs, Trojan horses, viruses and worms.
- Create a false identity for the purpose of misleading others.
- Download any Materials posted by another that you know, or reasonably should
know, cannot be legally reproduced, distributed, performed or displayed in such
- Disrupt, interfere or inhibit any other user from using and enjoying the Site or
other affiliated or linked sites, Materials or Services.
- Breach any guidelines or other codes of conduct applicable to a particular
Service or Materials.
- Access or use the Site in any manner that could damage, disable, overburden or
impair any PartingWishes.com server or the network(s) connected to any
- Violate any applicable laws or regulations related to the access to or use of
- Post or otherwise submit any topic, name, material or information that is child
pornography, defamatory, excessively violent, harassing, inappropriate,
indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise
- Prepare, compile, use, download or otherwise copy any Site user directory or
other user or usage information or any portion thereof, or transmit, provide or
otherwise distribute (whether or not for a fee) such directory or information to
any third party.
- Violate the rights of PartingWishes Inc. or any third party (including rights of
privacy and publicity) or abuse, defame, harass, stalk or threaten another.
- Use any PartingWishes Inc domain name as a pseudonymous return e-mail address.
- Market any goods or services for any business purpose (including advertising and
making offers to buy or sell goods or services), unless specifically allowed to
do so by PartingWishes Inc.
When using Services or Materials, you will be subject to any posted guidelines,
rules or licenses applicable to such Services or Materials, in addition to the
the "Third-Party Services") are governed by separate agreements accompanying
such Materials and Services. PartingWishes Inc offers no guarantees and assumes
no responsibility or liability of any type with respect to the Third-Party
Services, including any liability resulting from incompatibility between a
Third-Party Service, PartingWishes Inc provided Services or another Third-Party
Service. You agree that you will not hold PartingWishes Inc responsible or
liable with respect to the Third-Party Services.
PartingWishes Inc, in its sole discretion, may (but has no obligation to) monitor
or review the Materials and Services at any time. PartingWishes Inc may at any
time without notice and in its sole discretion: (a) terminate a Service, access
to or use of any Materials or an area of the Site where Materials are posted or
submitted; and (b) disclose any information related to your use of a Service or
Material, or the substance of any of your posted or submitted Materials, as
PartingWishes Inc deems necessary to comply with applicable law, regulation,
legal process or governmental request. You agree to use extra care when
disclosing any personally identifiable information about yourself or your
children in any Services or when you post or otherwise submit any Materials.
If you are required to establish an account in connection with a particular
Service or Material, you must complete the designated registration process for
such Service or Material. All required registration information that you provide
must be current, complete and accurate and kept up to date on a prompt, timely
basis. If required, you must also choose a user name and password for such
account. It is your sole responsibility to keep your account number, user name,
password and other sensitive information confidential. If you become aware of
any unauthorized use of your account or any other breach of security, you shall
notify PartingWishes Inc immediately. If any Services or Materials provide
password-restricted access to your sensitive information (including customer
lists and contractual terms), then by accessing or using this Site and setting
up a password-restricted account for such Services or Materials, you consent to
PartingWishes Inc display of such information via such Services or Materials and
accept all risks of unauthorized access to such information.
You agree that PartingWishes Inc, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
content within the Service, for any reason, including, without limitation, if
PartingWishes Inc believes that you have acted inconsistently with the letter or
not be liable to you or any third-party for any termination of your access to
the Service. Further, you agree not to attempt to use the Service after said
IV. Your Use of the PartingWishes.com Web Site is at your
The PartingWishes.com Web Site may contain inaccuracies or typographical errors.
PartingWishes Inc. makes no representations about the accuracy, reliability,
completeness or timeliness of the content or about the results to be obtained
from using the Web Site or its Content. Your use of the PartingWishes.com Web
Site, including, without limitation, the services and information contained
therein, is on an "as is" basis and is at your own risk. PartingWishes Inc. may
make changes to the Content at any time. PartingWishes Inc. is not responsible
for any loss, injury, claim, liability or damage related to your use of the
PartingWishes.com Web Site or any site linked to this Web Site, whether for
errors or omissions in the content of our Web Site or any other linked sites,
from the Web Site being down or from any other use of the Web Site.
V. Your Documents
PartingWishes Inc. is not a law firm. The use of the PartingWishes.com Web Site
is not a substitute for seeking legal advice. The Member agrees that he or she
is not relying on PartingWishes Inc. for any legal advice or information. The
Member agrees that any Documents completed by the Member on the
PartingWishes.com Web Site are Documents made by the Member and not Documents
made by PartingWishes Inc. The Member further agrees that any Documents
completed by the Member on the PartingWishes.com Web Site are Documents
completed by the Member without a lawyer or legal advice. If a Member requires
legal advice or information, it is agreed that it is the duty of the Member to
obtain such legal advice or information. If a Member is uncertain as to whether
legal advice or information is required, it is agreed that the Member will
obtain such legal advice or information.
PartingWishes Inc. does not offer legal advice, and the Content on the Web Site
is not guaranteed to be correct. Although considerable effort has been made to
ensure that the information on the Web Site is accurate and up to date, be aware
that state, provincial and federal laws and procedures change and may be open to
interpretation. In addition, the successful execution of any services on the Web
site requires accurate information provided by the Member and/or appropriate
actions taken by the Member as described on the Web Site. PartingWishes Inc.
cannot ensure that this information will be accurate or that these actions will
be taken appropriately. Although the information on the PartingWishes.com Web
Site can be used to help in the creation of legally binding documents, we cannot
guarantee that the results of using the Content on the Web Site will result in
the creation of legally binding documents and individual circumstances vary. As
a result, PartingWishes Inc. does not make any guarantees about the use to which
the Web Site is put, or the results of that use. If you have any doubts as to
the validity or legal standing of documents created using the Content on the Web
Site, we recommend that you consult an attorney licensed to practice law in your
Any Documents that you create using the PartingWishes.com Web Site are yours and
it is your responsibility to ensure that they reflect your intentions. If you
require a legal opinion about the effect of the Documents or their legal
interpretation, you must have your Documents reviewed by an attorney in your
State or Province who specializes in Wills and estate planning.
If you choose to create a Will or an Expatriate Will and are disposing of property
that is located in a different jurisdiction, please review the laws of that area.
They may conflict with your Will and negate your disposition of your property.
Any property from another jurisdiction that is acquired after your Will is executed
will not be made part of your document, and the laws of that jurisdiction will
govern its disposition. PartingWishes Inc. is not responsible for any property that
can not be disposed of according to your wishes, and makes no guarantee that your
testamentary requests can be followed.
VI. Disclaimer of Liability
PartingWishes Inc., its respective officers, directors, shareholders, employees,
accountants, attorneys, agents, affiliates, subsidiaries, successors and assigns
(Collectively "PartingWishes") shall not be liable for any direct, incidental,
consequential, indirect, or punitive damages arising out of, or connected with,
your (i) use of the PartingWishes.com Web Site and (ii) any other subject matter
of this Agreement. This includes, but is not limited to, the loss of any data or
information created through the use of PartingWishes.com services or documents,
including, but not limited to data or information held by PartingWishes.com.
The Member and his or her estate, including heirs, successors and assigns, hereby
agree to indemnify and save harmless PartingWishes Inc., 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
document completed or attempted to be completed on this Site (whether such
document is properly or improperly signed) including any and all legal costs,
damages or awards.
PartingWishes Inc. makes no representations or warranties. Without limiting the
foregoing, except as expressly stated in this Agreement, PartingWishes Inc.
makes no representations or warranties of any kind, either express or implied,
as to any matter including, without limitation, implied warranties of fitness
for a particular purpose, merchantability, non-infringement or otherwise which
would extend beyond the representations and warranties contained in this
VII. Web Site Content
The materials used and displayed on the PartingWishes.com Web
Site, including, but not limited to, text, software, photographs, graphics, illustrations
and artwork, music, video and sound, and names, logos and trademarks, are the property
of PartingWishes Inc. or its affiliates or licensors and are protected by copyright,
trademark and other laws. Any such content may be displayed solely for your
personal, non-commercial use. You agree not to modify, reproduce, retransmit,
distribute, disseminate, sell, publish, broadcast or circulate any such material
without the written permission of PartingWishes Inc. or the appropriate affiliate.
VIII. Disclosure of Information
You hereby agree to allow PartingWishes Inc. and its staff access
to all legal documents and other material generated via the PartingWishes.com Web
PartingWishes Inc. and its affiliates agree to be bound by the
terms of its Privacy Statement. PartingWishes
Inc. and its affiliates hereby agree that all of your information and material received
via the PartingWishes.com Web Site or otherwise will be kept in the strictest
confidence and will not be disclosed to any third party without your consent.
However, you may authorize PartingWishes Inc. or our affiliates to disclose information
to Third Parties to assist you with current or future matters or areas of interest
either by clicking the appropriate boxes on this site or specifically in correspondence.
IX. Information Volunteered to PartingWishes Inc.
Should any member choose to provide PartingWishes Inc. with any
data not associated with any of the services including but not limited to questions,
comments and suggestions ("Non Confidential Data"), such data shall be deemed to
be non-confidential and PartingWishes Inc. assumes no obligation to protect such
data from disclosure.
X. Third Party Links
The PartingWishes.com Web Site may contain links to Web Sites
("Third Party Web Sites") operated by parties other than PartingWishes Inc. and
PartingWishes Inc. may license Content from the PartingWishes.com Web Site for use
by Third Party Web Sites. PartingWishes Inc. makes no representation or endorsement
of the Third Party Web Sites, and you access them at you own risk. Furthermore,
the use of links to Web Sites does not imply that PartingWishes Inc. is legally
authorized to use any trade name, registered trademark, logo, or copyrighted symbol
that may be represented in the links.
XI. Printed Agreement
A printed version of this Agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based
upon or relating to this Agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in printed
XII. Entire Agreement
By using the PartingWishes.com Web Site, you agree that this
Agreement is the complete and exclusive statement of the Agreement between you and
PartingWishes Inc. regarding the PartingWishes.com Web Site. This Agreement
and any disputes arising out of or related to the Web Site shall be governed by,
and construed and enforced in accordance with, the laws of the Province of Ontario,
By clicking on the "I Agree" button which appears when
you join as a Member, you acknowledge that you: (a) have read and understood
these terms; (b) understand the need for independent legal advice on whether
or not to accept the terms; and (c) agree to be bound by these terms.
If you do not agree, please leave the Web Site now.
If you have any questions about the above terms and conditions,
please send us an email at
or seek your own independent legal advice.