Last updated: September 5, 2017
1. Terms of Service
By using FreeWill, you acknowledge, first, that you have read and agreed to be bound to these Terms of Service, and, second, that you agree to be bound by all applicable laws and regulations. Please do not use this website if you do not agree with the Terms of Service. The materials contained in this web site are protected by applicable copyright and trademark law.
As provided below, by agreeing to these Terms of Service I agree that any dispute arising from the use of FreeWill materials and services will be decided in binding Arbitration, in accordance with the terms and conditions provided below. In no case will disputes be decided by any court, jury trials, or class action, other than the Arbitration tribunal hereby indicated in the Terms of Service, unless one of the exceptions apply.
In case you do not fully understand the provisions of FreeWill materials, or have a complex situation which raises doubt about legal issues or consequences, FreeWill will not, in any circumstance, give clarifications, advice, orientation, or opinions about possible legal issues or consequences arising from the execution of the materials, or solutions for these issues or consequences. FreeWill will not review any part of your materials for completeness, spelling, nor for internal consistency of identifiers such as names and addresses. Likewise, FreeWill will never give clarifications, advice, orientation, opinions, or apply any legal skill tailored to your particular situation. FreeWill provides general information that is found in statutes and case law, which are fully available to the public. Such information is never specific to a particular user’s situation or request. Therefore, FreeWill does not engage in the practice of law or as a law firm.
FreeWill strives to keep all material updated and current, but statutes and its interpretation by courts may change from time to time.
The materials on www.freewill.com are provided “as is.” FreeWill makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, FreeWill does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on www.freewill.com or otherwise relating to such materials or on any sites linked to the site.
3. Use License
By using its services, FreeWill grants you a license, not a transfer of title, and under this license you may not:
4. Liability Limitations
In no event, and to the maximum authorized by law, shall FreeWill or its suppliers be liable for any damages (including, without limitation, direct, punitive, incidental or consequential damages, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on www.freewill.com, even if FreeWill or a FreeWill authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential, punitive, or incidental damages, these limitations may not apply to you. These limitations are not applicable to North Carolina customers.
5. Revisions and Errata
The materials appearing on FreeWill’s web site could include technical, typographical, or photographic errors. FreeWill does not warrant that any of the materials on its www.freewill.com are accurate, complete, current, or comply with the laws of your local jurisdiction. FreeWill may make changes to the materials contained on www.freewill.com at any time without notice. FreeWill does not, however, make any commitment to update the materials.
FreeWill has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by FreeWill of the site. Use of any such linked web site is at the user’s own risk.
FreeWill may revise these Terms of Service at any time without notice. If we modify these Terms of Service, we will notify you of the changes, either by putting up a banner on www.freewill.com or, if you are a registered user, by email. By continuing to use FreeWill, you are agreeing to be bound by the then current version of these Terms of Service.
8. Dispute Resolution by Binding Arbitration
Please carefully read this part of the Terms of Service. It contains important information about how disputes, claims, and controversies in relation to the use of FreeWill’s services shall be resolved. If you don’t understand the extent of this provision, you should seek the opinion of independent counsel.
It is our goal to resolve through negotiation any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, or to the use of FreeWill’s services. In case we fail to reach a solution to the dispute, claim or controversy, you and FreeWill agree to submit the dispute to binding arbitration, in accordance with the terms and conditions set forth below (“Arbitration Agreement”.)
Arbitration is a much less formal dispute resolution process in which no judge or juries will adjudicate or find the facts in dispute. Arbitration uses a neutral arbitrator to give the final decision (technically called an “award”), has a much simpler discovery process, and is subject to very limited review by the courts. Additionally, arbitration awards are normally not appealable, and, therefore, it is normally faster and less expensive method of dispute resolution.
9. Governing Law
Any claim, dispute, or controversy relating to the use of FreeWill’s website shall be governed by the Arbitration Agreement comprised in Clause 8 above. If a judicial proceeding is commenced, this claim, dispute, or controversy shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and FreeWill agree that the United Nations Convention on Contracts is excluded and not applicable to this relation.
You specifically consent to personal jurisdiction in California in connection with any dispute between you and FreeWill arising out of these Terms of Service or pertaining to FreeWill’s website. You agree that the exclusive venue for any dispute between the parties will be in the state and federal courts in California.