Wills, Power of Attorney and Life Insurance by Om Company

Terms of Use

Last updated: September 20, 2019

  1. Overview

    These Terms of Use form a legally binding contract between OM COMPANY INC. ("we" or "us" or “Om”) 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.

  2. Services available on the website

    Without restriction, we generally offer the following services through the Website:

    Om 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.

  3. Ownership of files

    When you choose to upload documents or data (including text), Om does not review or pre-screen the contents of electronic data uploaded or posted to the Website (“Content”) and Om claims no intellectual property rights with respect to the Content.

    You grant to Om a non-exclusive, royalty-free right during your use of the Website, to use the Content for the sole purpose of performing Om’s obligations under these Terms of Use. Such rights shall include permission for Om 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 Om 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.

  4. Payment procedures

    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 products, you must provide credit card details to Om as required by the Website. Om 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

  5. 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.

  6. Termination

    You may cancel and terminate your Account at any time in accordance with the Terms of Use and policies posted on the Website.

  7. Limitation of liability

    Except in a case where we are in violation of these Terms of Use, Om, 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 Om products whether from errors or omissions in the content of Om 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 Om 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.

  8. Indemnification

    You agree to indemnify and hold harmless Om, 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.

  9. 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.

  10. 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.

  11. Compliance with laws

    You represent and warrant that:

    1. You have the authority to bind yourself to these Terms of Use;
    2. Your use of the Website will be solely for purposes that are permitted by these Terms of Use;
    3. Your use of the Website will not infringe or misappropriate the confidentiality or data security of any User or third party; and
    4. Your use of the Website will comply with all local, provincial and federal laws, rules and regulations, and with all policies posted on the Website.

    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 Om. 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.

  12. 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.

  13. 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 Om 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 Om. 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.

  14. 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 Om 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 Om 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.

  15. GENERAL TERMS

    1. Amending these Terms of Use

      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.

    2. Assignment

      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.

    3. No Waiver

      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.

    4. No Agency

      The parties to these Terms of Use are independent contractors and are not partners or agents. Om has no fiduciary obligations or professional obligations whatsoever to you arising from these Terms of Use or your use of the Website.

    5. Severability

      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.

    6. Entire Agreement

      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 Om and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms of Use.

  16. 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: [email protected]

  17. LEGAL ADVICE, INFORMATION AND DECISION-MAKING RESPONSIBILITY

    Om 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 Om Final Documents does not create a solicitor-client relationship between you and Om.

    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 Om does not provide Legal Advice. If you receive any communication from Om, its agents, its employees or any other associated entity, which is Legal Advice, you agree that it is NOT a communication authorized by Om 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 Om Final Documents, and for obtaining any needed assistance from a properly licensed attorney to assess the value of and appropriate uses for any Om Final Documents.

    For the purposes of these Terms of Use, Legal Advice is defined to include the following:

    1. any legal related communication, work or service which, under the governing law of your jurisdiction, is only allowed to be performed by or under the supervision of a properly licensed attorney;
    2. advice on which legal document or documents you need or are best for your situation;
    3. determining the legal consequences that will or could result from how you have created your legal document;
    4. whether you have included inappropriate, conflicting, or ambiguous information in your legal documents;
    5. whether you have omitted any necessary provisions or details from your legal documents; and
    6. whether you require any additional legal documents or legal procedures.

  18. ADDITIONAL TERMS

    The following additional terms and conditions apply to the use of the Website:

    1. Restrictions: You agree to only use Om Final Documents and the Website as a customer. To the maximum extent allowable under applicable law, except as explicitly identified in these terms, you agree not to publish, re-publish, lend, license, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any Om Final Documents nor will you utilize Om Final Documents in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so. Om retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or Om Final Documents or Website at its discretion.
    2. Guarantees: All guarantees are subject to any limitations specified in any Om Final Documents. Guarantees are only available to customers who paid for the product after the guarantee is claimed and are not available on free promotions. For a guarantee to apply to a Final Document, it must be explicitly promoted on the Om Website at the time of payment. A customer is only entitled to one Guarantee claim relating to one Guarantee category of one product. Should a customer accept a Guarantee related payment from Om, they waive their right to any additional claims against Om regarding any Guarantee unless otherwise agreed to in writing. Om has no obligation to refund one time purchases.
    3. Intellectual Property: All copyright, trademarks (including its distinguishing guise and/or trade dress), and other intellectual property rights (registered and unregistered) of Om belong to Om and its suppliers. Om reserves all of its rights in Om. Nothing in the Terms grants you a right or license to use any intellectual property rights owned or controlled by Om or any other third party except as expressly provided in these Terms of Use. In addition, Om Final Documents, contains information and intellectual property that is selected and organized by Om and represents significant work made by Om. Nothing in the Terms should be construed as granting any license or right to use any Om or intellectual property displayed or used in any Om Final Documents except as expressly provided in the Terms.
    4. Fees Not Included in Purchase: Except where we have clearly stated that an applicable government fee has been waived or is included with your purchase, you will always be charged applicable government fees in addition to your purchase. The total amount of any additional fees will be shown to you before you complete your purchase.
    5. No Solicitor-Client Relationship: We are a technology company that provides tools for Users to complete and manage documents. We are not a law firm. We do not offer legal representation, legal advice, legal services, referrals or recommendations. There is no solicitor-client relationship between you and us. Before completing any task on the Website, you are encouraged to obtain outside professional assistance from someone qualified to provide legal advice in your jurisdiction.
    6. Content is for Information Only: Content on the Website is not legal advice and is provided for general informational purposes only. As such, our Content is not a replacement for legal advice from a qualified legal professional related to your specific circumstances.
    7. Price Increases: Any changes to our fees and pricing, may result in loss of access to features, services and the ability to access your account. You will be informed in a reasonable manner regarding any price increases.
    8. Maximum Liability: Except as expressly provided in the Terms of Use, the maximum liability of Om is the amount paid to Om by the customer. The maximum liability of Om for any Om Final Document is the portion of the amount paid to Om by the customer specifically for the Om Final Document as calculated by Om
    9. Responsibility for Processing Fees: If at any time, you require Om to initiate a payment to you, you will be responsible for any payment processing fees incurred by Om Such processing fees will be automatically deducted from any payment before it is released to you.
    10. Endorsements: Om does not endorse any content provided by any linked sites, nor does is assume any responsibility for the interpretation or application of any information originating from such content. In addition, Om does not endorse any content contained in any advertising on the Website, not does it assume any responsibility for the quality or integrity of such work.
    11. Browser Compatibility: While we have worked to make our Website and all the features on our Website compatible with the most commonly used browsers, we cannot represent or guarantee that every feature will work with your browser.

  19. 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.

Copyright © 2019 Om Company Inc ("Om"). All rights reserved. Om is an online, self-service tool that provides legal forms based on inputs provided by users. Om is not a law firm and does not provide legal advice. Using Om is not a substitute for a lawyer's advice. If you require legal advice, consult a licensed lawyer in your region using.

Use of this service is subject to the Terms of Use and Privacy Policy.