Please read this agreement (“the Agreement”) carefully before proceeding. By clicking the “I Accept” button, you agree that you have read this End User License Agreement, understand it, and agree to be bound by its terms and conditions. If you do not agree to these terms and conditions, click the “I Decline” button.
The Will & Estate Planning Questionnaire (“the Questionnaire”) is a proprietary product of Truvera Trust Corporation (“TrustCo”) and is protected by copyright. Use of the Questionnaire is governed by this license agreement and applicable laws, including copyright law. All rights are reserved by Truvera Trust Corporation. The Questionnaire is licensed, not sold.
1. GRANT OF LICENSE
TrustCo hereby grants to you a non-transferable, non-exclusive, royalty-free license to use the Questionnaire for the purpose of recording and submitting the information to enable a lawyer of your choice to prepare your Will and any related documents (Enduring Power of Attorney, Representation Agreement, etc.) You may copy the Questionnaire for backup and archival purposes, provided any copy retains all the original Questionnaire’s proprietary notices and content as well as a copy of this Agreement.
2. DISTRIBUTION
After you complete the Questionnaire by entering data specific to you, you may, in your sole discretion, elect to distribute copies of the completed Questionnaire to TrustCo and to a lawyer or law firm which you elect to prepare your Will. You may not distribute the Questionnaire in any form to any other party.
3. COPYRIGHT
TrustCo owns all rights, including copyright, in the Questionnaire and in any copies of the Questionnaire.
4. NO WARRANTY
TrustCo makes no warranties, express or implied, regarding the fitness of the Questionnaire for any particular purpose. TrustCo shall not be liable for data loss or other problems caused directly or indirectly by the Questionnaire or its use. You assume the entire risk and responsibility as to the questionnaire’s accuracy, adequacy and completeness and as to the possibility of data loss however caused.
5. NO LIABILITY
TrustCo is not responsible for the validity or enforceability of any Will, Enduring Power of Attorney, Representation Agreement or other document prepared on the basis of information made available or not made available through use of the Questionnaire; nor is TrustCo responsible for or in relation to any legal work performed for you by any lawyer or law firm. You are solely responsible for the ultimate choice of a lawyer, law firm or other professional to represent you in connection with any services related to the use of this Questionnaire and, as well, you are solely responsible for the information that you choose to make available through the use of the Questionnaire. TrustCo will have no liability whatsoever to you should it fail to forward the completed Questionnaire data to an intended recipient nor in relation to any comments or advice provided to any person in relation to the completed Questionnaire data. Any review of the completed Questionnaire by TrustCo shall not give rise to the implication that any relationship between you and the TrustCo is established, the same being specifically denied. TrustCo shall not be obligated to report back to you concerning the delivery of the Questionnaire to the intended recipient and shall be relieved of all liability for any misdirected delivery howsoever caused. TrustCo, at any time and from time to time, can elect to delete all data entered in relation to this Questionnaire and shall have no obligation to maintain same. Trustco, at any time, can elect to discontinue dealings with you concerning the matters dealt with in the Questionnaire. Nothing contained in the completed Questionnaire information shall require TrustCo to act in any particular manner and neither shall it obligate TrustCo to communicate or offer advice to you or your professional advisors. In no event will TrustCo, its agents, suppliers, affiliates, licensors, or their respective directors, officers or employees (collectively “Related Parties”) be liable for any loss or injury or any special, indirect, incidental, punitive or similar or other damages of any kind whether as a result of breach of contract, breach of fiduciary obligation, tort (including negligence) or otherwise, regardless of the theory of liability asserted, arising out of, or in relation to, your access, use, or inability to access or use, the Questionnaire, including, but not limited to, viruses, data corruption, data theft and data transmission errors or problems. It is a fundamental term of this Agreement that you hereby waive any and all claims whatsoever against TrustCo and its Related Parties, arising out of your use of the Questionnaire.
6. NO LEGAL, TAX OR PROFESSIONAL ADVICE
The Questionnaire and any discussions or communication (other than pursuant to a formal written retainer or fee agreement) between TrustCo and you in relation to the Questionnaire, is not intended to provide or serve as a substitute for accounting, legal, financial, or other advice and shall not give rise to any fiduciary or other legal or professional relationship whatsoever. You should not rely on the Questionnaire or any discussion or communication between you and TrustCo concerning same to provide any such advice, or use it as a substitute for professional advice.
7. NO LEGAL RELATIONSHIP EXCEPT AS SET OUT HEREIN
The provision of this Questionnaire to you and any subsequent conversations or other communications between you and TrustCo concerning the contents thereof or concerning estate planning or related matters pertaining to such information shall not give rise to any fiduciary, legal or professional relationship between you and TrustCo whatsoever. Such a relationship between you and TrustCo shall only arise if and when a formal written retainer or fee agreement is entered into between you and TrustCo. Any communications that are preliminary to the entering into of such a formal retainer or fee agreement shall be deemed gratuitous and are not meant to be acted on by you without the benefit of your own independent professional advisors.
8. INFORMATION COLLECTION & USAGE
By using the Questionnaire, you consent to the information collection and usage terms in TrustCo’s Privacy Policy including where applicable: (i) the transfer of any personal information to TrustCo, its agents, business partners and the law firm designated by you; and (ii) other uses of your personal information as specific in the referenced Privacy Policy.
9. INDEMNIFICATION
You agree at all times to indemnify, defend and hold harmless TrustCo and its Related Parties against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including, without limitation, legal and other fees and disbursements on a solicitor and own client basis) arising out of this Agreement.
10. DISCLOSURES
You confirm that by entering into this Agreement you are aware that: (i) the financial institution (which could include credit union, bank, insurance company etc.) or other person that has referred or directed you to the potential use by you of this Questionnaire (herein “the Referring Person”) may directly or indirectly be a shareholder of, or otherwise be financially interested in the affairs of TrustCo or its affiliates including the parent of TrustCo. As such the Referring Person may directly or indirectly benefit from any future dealings involving you and TrustCo or its affiliates; and (ii) TrustCo may be remunerated by the law firm (or other recipient) you have chosen to receive the completed Questionnaire data and, accordingly, may financially benefit from your completion of the Questionnaire.
11. GENERAL
The headings used herein are inserted for purposes of convenience and shall not be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa.
12. ENTIRE AGREEMENT
This Agreement forms the entire agreement between the parties in relation to the matters referred to herein and replaces any earlier agreements, representations or discussions. You have had an opportunity to consult with a lawyer before accepting this End User License Agreement and either did so or elected not to do so.
13. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia.