Terms of Service

Last updated: May 1, 2024

Welcome to Live In Peace Planning. These Terms of Service (“Terms”, “Terms of Service”) govern your relationship with [www.liveinpeace.ca], through our platforms, applications, or via other delivery methods to you (together the “Service”) operated by Trivent Innovations Inc. (“us”, “we”, or “our”), which may be updated from time to time at our sole discretion. Please read these Terms of Service carefully before using the Service.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms, in whole or in part, you must not access or use the Service.

By accessing or using the Service, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us and meet all of the eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

Registration

While certain aspects of the Services are public, others require you to sign up for the Services by registering for an account (an “Account”). You are solely responsible for keeping the email address associated with your Account accurate and up to date, since this is the only way we can contact you about your Account and your use of the Services. You promise not to (i) intentionally impersonate another person by using their name and/or email address or (ii) use an email address for which you don't have the proper authorization. You must keep your password secure and should never publish, distribute or post your Account login information, because you are responsible for any activity that occurs on your Account.

You set permissions for sharing or disclosing your Content to another person or organization (each, an “Executor”). You select to use the Services as an “Individual”, or, if you are using the Services as a “Couple” or “Family” with other users with whom you share ownership of the Content of your Services (each, a “Co-User”). You are prohibited from using another person's account or registration information for the Services without their permission. You promise to immediately let us know if there is any unauthorized use of your Account, security breach, or change in your eligibility to use the Services. You can delete your Account either through your online Account management page or by contacting our customer support team.

Privacy Policy

We believe strongly in protecting user privacy. Users of the Services should refer to the Privacy Policy that is incorporated into this Agreement by this reference, before using the Services or providing any information to us.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online Account management page or by contacting our customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, province/state, postal/zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your Account to any such payment instruments.

Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial or Beta Services

We may, at our sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

We in our sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Any fees paid for use of the Services or for other products sold by us are non-refundable.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness with respect to local laws.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.

The Services may include public discussion forums and other public interactive areas. All such public forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any comment, feedback, postcard, suggestion, idea, note, drawing, concept, and/or other information, Content, material or other item (each, a "Public Submission") you upload or transmit to and for your activity in connection with the public discussion forums or interactive areas of the Service.

The content on our Service is provided for general information purposes only. We are not engaged in rendering legal, medical, tax or similar professional advice or services via the Service. The information provided via the Service should not be interpreted as a substitute for consultation or evaluation by qualified professionals, and the information made available on or through the Service should not be relied upon when making legal, medical, financial or other decisions. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Service. Any reliance on the material, advice or suggestions on the Service is at your own risk, and we specifically disclaim all responsibility for any liability, loss or risk, personal or otherwise, that is incurred as a consequence, directly or indirectly, of the use of the Service.

Although we make reasonable efforts to update the information on our Service, we make no representations, warranties or guarantees, whether express or implied, that the content on our Service is accurate, complete or up to date. Your use of the Service is at your own risk and we have no responsibility or liability whatsoever for your use of this Service.

Feedback

Our policy is to not accept, review, or consider unsolicited ideas, original creative artwork, suggestions, improvements, feature requests or other communications (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, new artwork or other works, or new product names) (collectively, “Feedback”). Any Feedback that is offered or communicated to us is voluntary and shall be our property without any compensation to you. Feedback will not be considered confidential information. If you choose to give us Feedback, we reserve the right to reproduce, use, disclose, distribute, or otherwise act on such Feedback without any obligation to you.

Ownership Rights

The Service, including all aspects of the Live In Peace platform and the website (including Our Content, as defined below), is the property of, and owned by, us, our affiliates or its licensors. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, content and technology used to deliver the Service or otherwise embodied in, displayed through, or provided directly or indirectly (e.g., emails or other communications from us to you) via, the Service are “Our Content.” Except as otherwise expressly permitted by these Terms, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of Our Content is prohibited. You acknowledge that Our Content has been created, compiled, developed and maintained by us at great expense of time and money such that misappropriation or unauthorized disclosure or use of Our Content by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of these Terms, without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this section.

The mark LIVE IN PEACE, the Live In Peace logo, and any associated logos are registered or unregistered trademarks or service marks of ours or its licensors. You may not use them, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent. The Service may also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.

Access Grant

Subject to the terms and conditions herein, we grant you the non-exclusive, non-sublicensable, non-transferable, limited, revocable right to access and use Our Content solely to the extent necessary for you to use the Service for your personal, non-commercial, internal use, as permitted by these Terms. We reserve all other rights. For clarity and without limiting other obligations herein, users shall not distribute or otherwise commercialize Our Content.

You agree that the access rights you have been granted prohibits you from using the Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Services. You represent and warrant that you will not breach the security of the Services or attempt to gain unauthorized access to or interfere with operation of the Services or with any other person’s use of the Services. Additionally, you shall not: (a) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or its third party providers) infrastructure; (b) interfere or attempt to interfere with the proper working of the Services; (c) bypass any measures we may use to prevent or restrict access to any portion of the Services (or other accounts, computer systems or networks connected to any of the Services); or (d) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Services.

Furthermore, you shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Third-Party Content & Services

We have no control over any third-party content, services, business practices or privacy policies ("Third-Party Content"). We do not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. We do not warrant the accuracy of any information contained on, and undertakes no responsibility to update or review, any Third-Party Content. Users use these hyperlinks and Third-Party Content contained therein at their own risk, including being exposed to content that you may consider offensive or inappropriate. You agree that your only recourse is to stop using the Services. You acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of Third-Party Content, or for any damage or loss caused or alleged to be caused by your use of or reliance on any Third-Party Content.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease.

Indemnification

You agree to indemnify, defend and hold harmless us, our principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands. These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your Account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your Account whether such access is obtained via fraudulent or illegal means.

Limitation Of Liability

We, our directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer And Non-Waiver of Rights

WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND AS REGARDS THE WEBSITE AND ASSOCIATED TECHNOLOGY. ANY PURPORTEDLY APPLICABLE WARRANTIES, TERMS AND CONDITIONS ARE EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE, EXCEPT AS PROVIDED FOR UNDER THE LAWS OF ANY PROVINCE IN CANADA. IN SUCH CASES, THE PROVINCIAL LAW SHALL APPLY TO THE EXTENT NECESSARY.

We, our subsidiaries, affiliates, and our licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

If you breach any of these Terms and we choose not to immediately act, or choose not to act at all, we will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. We do not waive any of our rights. We shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Exclusions

As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Saskatchewan and the laws of Canada, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

This Service is not intended for use in any jurisdiction where its use is not permitted. If you access the Service from outside Canada you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

The information and material available on the Service, and the Service may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is restricted to users or unavailable at any time or for any period.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Service.

Miscellaneous

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

The Terms are the entire agreement between you and us with respect to the use of the Services, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the use of the Services. All waivers must be in writing. We shall not be liable for any failure to deliver products or services or otherwise perform its obligations hereunder where such failure results from any cause beyond our reasonable control. The Terms are personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of its rights and obligations hereunder without consent. Any attempted transfer in violation hereof will be void and of no effect.

These Terms will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees. Except as otherwise provided herein, all notices under the Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Contact Us

If you have any questions about these Terms please contact us at [[email protected]].

Should you become aware of misuse of the Service including libelous or defamatory conduct, you must report it to us at [[email protected]].