Accepting the Terms
These Terms of Service (this "Agreement") set out the terms and conditions that govern your access and use of the WhenImGone.ca website (the "Services") operated by When I'm Gone Inc. ("When I'm Gone"). By accepting electronically (for example, clicking "I Agree"), accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement, and the Privacy Policy, Privacy Policy, as they may be amended from time to time in the future (see "Modifications" below).
You may be an authorized "User", which means that you are an individual who: (i) has registered for an account with When I'm Gone and agreed to pay us for the use of the account, or (ii) you may be a "Designate", which means an individual who has received consent from a User to access all or a portion of such authorized User's account, including without limitation rights to access, upload, download, modify, distribute, and otherwise use content and other materials associated such User's account.
For example:
- A Designate may be an individual that is a trusted advisor of the User, such as an employee of a wealth management firm, or a law firm, or a child or stepchild of the User, or a Beneficiary of the User's estate, or a spouse or significant other of the user.
- A Designate may be a friend of the User.
The term "you" refers to a User or a Designate who uses or is appointed to use the Service. The term "we" refers to When I'm Gone. You may not use any of the Services and you may not accept this Agreement if you are not a User or a Designate, or are not otherwise legally authorized to accept and be bound by these terms, or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with When I'm Gone.
Additional Terms
c) Upload or transmit any file or content which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
d) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or
e) Attempt to gain unauthorized access to any portion of the Services.
Rules for Uploading Documents and Other Information
When uploading, storing, and sharing your Information, you agree to comply with the following rules:
- a) You are solely responsible for all of the Information that you submit, upload, or store through the Services.
- b) By submitting Information to us, you represent that you have all necessary rights and hereby grant us an irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, modify, and display any portion of the Information in connection with providing the Services and operating our business.
- c) You agree not to use, nor permit any third party to use, the Services to:
- post or transmit any message or document which is libelous or defamatory;
- post or transmit any message, document, data, image, or program that is indecent, obscene, or otherwise inappropriate;
- post, upload, store, or transmit any message, data, image, or program that would violate the property rights of others;
- interfere with other Users' use of the Service.
- d) You agree that we may use any feedback, suggestions, or ideas you provide.
Disclaimer of Representations and Warranties
THE SERVICES, INFORMATION, AND ALL ASSOCIATED CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WHEN I'M GONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
Limitation of When I'm Gone Liability
WHEN I'M GONE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
Your Indemnity
You shall defend, indemnify, and hold harmless When I'm Gone and its officers, directors, shareholders, and employees from any third-party claims arising out of your use of the Services.
Modifications
We reserve the right to modify the Services and this Agreement at any time.
Governing Law, Forum, and Arbitration
This Agreement is governed by the law of Ontario, Canada. ANY DISPUTE RELATING TO THE SERVICES OR THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION IN TORONTO, ONTARIO.
Allegations of Copyright and Trademark Infringements
If you believe your intellectual property is being used in connection with the Services in a way that constitutes copyright infringement, please contact us at info@WhenImgone.ca.
