Welcome to the BuildaWill website, where Users are able to generate a last will and testament with our proprietary BuildaWill™ application. As a condition to using this site, you agree to the Terms of Use. Please review these terms carefully.

Limited Right to Use

FreeWills.com (U.S.), Inc. d/b/a BuildaWill.com ("BuildaWill" or the "Company") grants you a limited, non-exclusive, non-transferable right to use our BuildaWill™ application and to view, download and print content, graphics and forms from the website for your personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use other than to seek legal advice concerning your prepared will.

No Legal Advice

Neither BuildaWill nor any of its affiliates is licensed to practice law in any jurisdiction in the United States, Canada or Bermuda. None of the information provided on this website is legal advice or should be relied on as legal advice. Use of the BuildaWill™ application is not intended to be a substitute for obtaining legal advice from an attorney who is licensed to practice law in your jurisdiction. The BuildaWill™ application will enable you to generate a last will and testament based on the information you provide. You acknowledge that the last will and testament you obtain from this website was created by you without advice from the Company or any of its employees, agents or affiliates. If you have any doubts about using the last will and testament created with the BuildaWill™ application, you are encouraged to seek the advice of an attorney who is licensed to practice law in your jurisdiction.

No Warranties

The information on this website and use of the BuildaWill™ application are provided "as-is." BuildaWill disclaims all warranties, express or implied, with respect to the information on this website or use of the BuildaWill™ application, including but not limited to any implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property rights. The Company does not warrant or otherwise guaranty that the last will and testament you prepare with the BuildaWill™ application will be best suited to your needs.

Limitation on Liability

Neither BuildaWill nor any of its employees, agents or affiliates shall have any liability whatsoever for your use of any information provided on this website or the BuildaWill™ application. In particular, but not as a limitation thereof, the Company and its employees, agents and affiliates are not liable for any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend and hold BuildaWill and its employees, agents and affiliates, and each of their successors and assigns, harmless from and against any and all losses, costs, expenses (including reasonable attorneys' fees and legal expenses), claims, damages and liabilities related to or associated with your use of this website or the BuildaWill™ application and any violation of these Terms of Use by you.

Payment and Your User Account

To begin using the BuildaWill™ application, you need to set up an account with a user name and password that you select. Use of the BuildaWill™ application, except the will generation function, is free. In order to generate your will you will need to pay US$19.95 using either Visa or Mastercard. Please note, that the name you provide may not be changed after you pay, so make sure you enter your name correctly before you pay. All sales are final.

Until you pay for the use of the will generation function, your account will remain active and accessible for thirty (30) days from the date you last accessed your account. After you pay to use the will generation function, your account will remain active for another thirty (30) days in order to permit you to finalize and generate your will if you have not already done so. Your account will expire thirty (30) days after payment regardless of the date or dates on which you access it. See our separate Privacy Policy for our policy on the deletion of personally identifiable information from our records.

Copyrights and Trademarks

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the website, except as expressly allowed, is strictly prohibited.

Privacy Policy and Use of Information

See separate Privacy Policy.

General

These Terms of Use constitute a contract made under and shall be governed by and construed in accordance with the laws of Delaware, without giving effect to its principles and rules regarding conflicts of laws. You agree that a federal court in Washington, D.C., if it has subject matter jurisdiction, shall have exclusive jurisdiction over any claims or disputes between you and the Company (and/or its employees, agents or affiliates, and each of their successors and assigns) arising from, in connection with, or otherwise related to these terms. If such federal court lacks subject matter jurisdiction, any state court located in Delaware shall have exclusive jurisdiction to hear and determine such claims or disputes. Except as expressly provided in a particular legal notice posted by BuildaWill on BuildaWill.com, these terms constitute the entire agreement between you and the Company with respect to the use of our website and the BuildaWill™ application. The Company's failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these terms. If any provision of the Terms of Use is declared invalid or unenforceable, the other provisions shall remain in effect. The Company reserves the right to modify, amend, change, repeal or replace these terms at any time without notice to you. Your use of the website or BuildaWill™ application after any such modification, amendment, change, repeal or replacement constitutes your acceptance thereof.