Last updated: February 7, 2021
Overview
These Terms of Use form a legally binding contract between WILLFORA d.b.a OM COMPANY INC. ("we" or "us" or “Willfora”) and the people and companies (“Users” or “you”) that access and use our website located at www.omcompany.com or any related website or mobile platform controlled by us (collectively, the "Website"). These Terms of Use apply to all services provided through our Website and any other software application we operate, and all content, services, and products available at or through the Website.
It is very important that you read and fully understand these Terms of Use before using the Website. By agreeing to these Terms of Use and using the Website, you acknowledge that you are at least 18 years of age, legally able to enter into a contract, and are entering into a legally binding contract which will impact your rights.
By accessing any part of the Website, you agree to be bound by these Terms of Use. You are also confirming that you have read and fully understood these Terms of Use. If you do not agree to or understand all of these Terms of Use, then you may not access the Website or use any services available on the Website.
These Terms of Use should be read in conjunction with the Privacy Policy and any other rules, guidelines, or policies posted on the Website.
Services available on the website
Without restriction, we generally offer the following services through the Website:
Willfora provides tools that allow its users to access legal forms, review financial or insurance options, and manage their general financial health.
The services we offer are subject to change over time. By using the Website, you are confirming that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes.
Ownership of files
When you choose to upload documents or data (including text), Willfora does not review or pre-screen the contents of electronic data uploaded or posted to the Website (“Content”) and Willfora claims no intellectual property rights with respect to the Content.
You grant to Willfora a non-exclusive, royalty-free right during your use of the Website, to use the Content for the sole purpose of performing Willfora’s obligations under these Terms of Use. Such rights shall include permission for Willfora to generate and publish aggregate, anonymized reports on system usage and Content trends.
Final Document is defined as the finished legal document for legal document products or other document created through the use of a Willfora product. You are entitled to use Final Documents of the product as specified by the Terms of Use only. And to make necessary mechanical copies (e.g. printed or photocopied) of the Final Document for your personal records and as required for the completion of the specified transaction for which the Final Documents are intended only.
Payment procedures
Where a payment is required, Payments for services or products available on the Website will be charged to you in accordance with the policies, procedures, and timelines posted on the relevant sections of the Website. We do not see your payment information when you use the Website.
To access any paid products, you must provide credit card details to Willfora as required by the Website. Willfora will charge credit cards in accordance with displayed pricing in return for access to products. You agree to pay the fees applicable to your purchase and any other applicable fees, including but not limited to fees relating to the processing of transactions under your account (“Fees”).
All initial and recurring Fees will be charged to the credit card that you authorize for your account. It is your responsibility to keep your authorized credit card valid and up to date at all times. We may terminate or block access to your account if your credit card becomes expired or otherwise invalid at the time any Fees become due.
For purposes of processing payments, we use the following service provider:
STRIPE, INC. 185 BERRY STREET, SUITE 550 SAN FRANCISCO, CA 94107
Before using the Website, you must first review and approve the terms and conditions governing the use of third-party payment processors, which are available at the following website: www.stripe.com
Your account
In order to fully use the Website, you will be required to create an account. Information submitted by you in order to create an account will be subject to our Privacy Policy, which is available for review on the Website, and which you are required to approve before creating an account. The Privacy Policy also dictates how to terminate your account and how you can have your personal identifying information deleted from our servers.
The terms governing the features and capabilities of your account and the related Fees can be found on the Website.
Termination
You may cancel and terminate your Account at any time in accordance with the Terms of Use and policies posted on the Website.
Limitation of liability
Except in a case where we are in violation of these Terms of Use, Willfora, or its suppliers, financial services, or nonprofit partners, will not be held liable for, and you hereby fully waive the right to claim for, any loss, injury, claim, liability or damages of any kind resulting in any way from use of the Website. Including for inaccessibility of Willfora products whether from errors or omissions in the content of Willfora Final Documents or any other reason.
Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Website will be uninterrupted, secure or error-free.
You accept full responsibility for determining whether Willfora products are suitable for any particular purpose and for protecting yourself against any possible consequential damages.
In no event will we have any liability to you or any third party for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.
Indemnification
You agree to indemnify and hold harmless Willfora, including our officers, directors, shareholders, employees, partners and agents, from and against any and all claims and expenses, including legal fees and disbursements, which are made against us and arise out of your use of the Website, including but not limited to your violation of any term of these Terms of Use or any other policy posted on the Website.
Security breaches
In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential.
You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security.
We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.
Warranties and Representations
We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Website.
Compliance with laws
You represent and warrant that:
You must only use the Website for your own lawful purposes, in accordance with these Terms of Use and any notice, policy or condition posted on the Website.
You may NOT use the Website on behalf of others or in order to provide services to others unless with the explicit and expressed consent of Willfora. To do so you must ensure that you are authorized to do so and that all persons for whom or to whom Final Documents are provided comply with and accept all these Terms of Use.
Age restrictions
Users Must be Over the Age of 18. You represent and confirm that you are over the age of 18. We do not target, market, or promote the Website to those under 18. We do not permit any User under the age of 18 to use the Website.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use and any access to or use of the Website shall be governed by, and construed in accordance with, the laws in force in the Province of Ontario.
If any claim, dispute or controversy occurs between Willfora and a User relating to the interpretation or implementation of any of the provisions of these
Terms of Use, such dispute shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either the User or Willfora. Arbitration shall be held in the Province of Ontario, unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
WAIVER OF CLASS ACTION
By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against Willfora or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against Willfora otherwise commenced.
The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
GENERAL TERMS
These Terms of Use may be updated and amended from time to time. We reserve the right to change these Terms of Use at any time, and any amended Terms of Use are effective upon posting to the Website. We will make efforts to communicate any changes to these Terms of Use we deem material, in our sole discretion, via email or notifications on the Website. Your continued use of the Website will be deemed to be immediate and unconditional acceptance of any amended Terms of Use, whether or not we deemed the amendments to be material.
We may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you.
Users may not assign or delegate any rights or obligations under these Terms of Use, without our prior written consent, and any unauthorized assignment and delegation is void.
Failure by any party to insist upon the strict performance of any of the covenants, agreements, terms, provisions or conditions contained in these Terms of Use may not be construed as a waiver or relinquishment of such covenant, agreement, term, provision or condition but the same will continue and remain in full force. No waiver will be deemed to have been made unless expressed in writing.
The parties to these Terms of Use are independent contractors and are not partners or agents. Willfora has no fiduciary obligations or professional obligations whatsoever to you arising from these Terms of Use or your use of the Website.
If any portion or provision of these Terms of Use are to any extent declared illegal or unenforceable at law, then the remainder of these Terms of Use, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, will not be affected, and each portion and provision of these Terms of Use will remain valid and enforceable to the fullest extent permitted by law.
These Terms of Use, in conjunction with all policies and guidelines available on the Website (including but not limited to any Privacy Policy), incorporated by reference, constitute the entire agreement between you and Willfora and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms of Use.
QUESTIONS ON THESE TERMS OF USE
We welcome you to contact us with any questions on these Terms of Use. You can send your questions regarding these Terms of Use to the following email address: hello@willfora.com
LEGAL ADVICE, INFORMATION AND DECISION-MAKING RESPONSIBILITY
Willfora is not a law firm, investment advisory firm, accounting firm, or insurance company and does not provide Legal Advice (as defined below), financial advice, r tax advice. Your use of Willfora Final Documents does not create a solicitor-client relationship between you and Willfora.
You agree that all decisions you make on legal matters are your full responsibility and you agree to retain legal counsel licensed to practice in your jurisdiction regarding any legal issue of enough importance to reasonably require it.
You agree that Willfora does not provide Legal Advice. If you receive any communication from Willfora, its agents, its employees or any other associated entity, which is Legal Advice, you agree that it is NOT a communication authorized by Willfora and you agree to immediately delete and disregard it.
Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of and for any use you make of Willfora Final Documents, and for obtaining any needed assistance from a properly licensed attorney to assess the value of and appropriate uses for any Willfora Final Documents.
For the purposes of these Terms of Use, Legal Advice is defined to include the following:
ADDITIONAL TERMS
The following additional terms and conditions apply to the use of the Website:
CONFIRMATION OF AGREEMENT TO TERMS OF USE
BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY POLICIES AND NOTICES POSTED ON THE WEBSITE.