Terms & Conditions.

/01Acceptance of these Terms

These Terms and Conditions (the “Terms”) govern your access to and use of the website operated under the business name “Cross-Border Wills & Estates” (the “Website”) and your purchase, download, and use of any memoranda, articles, or other written materials made available through the Website (collectively, the “Materials”). The Website and Materials are published by James S.H. Kim (“the Author”, or “we”, “us”, “our”), a lawyer authorized to practise law in the Province of British Columbia, Canada, and in the State of New York, United States of America.

By accessing the Website, creating an account, completing a purchase, or downloading any Material, you agree to be bound by these Terms, by our Disclaimer, by our Privacy Policy, and by our Refund Policy, each of which is incorporated by reference into these Terms. If you do not agree to all of these terms, you must not use the Website or purchase the Materials.

/02Eligibility

You may use the Website and purchase Materials only if:

• You are at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater;
• You have the legal capacity to enter into a binding contract;
• You are not prohibited from receiving the Materials under the laws of your jurisdiction or any jurisdiction in which you reside or do business; and
• You will provide accurate information when completing any purchase or registration.

If you are using the Website on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.

/03The Materials

The Materials are written legal information products on cross-border estate, succession, and tax matters. Each Material is published as a digital file (such as a PDF) made available for download upon completion of purchase.

The Materials are not legal advice, do not constitute a legal opinion, and do not create a lawyer-client relationship between you and the Author. The full terms governing your relationship with the Author in respect of the Materials are set out in the Disclaimer, which forms part of these Terms.

/04License to use the Materials

Upon completion of purchase and our receipt of payment, the Author grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use a single copy of the purchased Material for your own internal, personal, or professional reference purposes only.

This license:

• Permits one individual user to read and reference the Material;
• Permits storage of the Material on devices personally controlled by that user;
• Does not transfer ownership of the Material or of any underlying intellectual property to you;
• Does not authorize you to share, distribute, resell, sublicense, transmit, broadcast, publish, post, or otherwise make available any portion of the Material to any third party;
• Does not authorize use within an organization, firm, or other group beyond the single individual purchaser; and
• Continues only so long as you remain in compliance with these Terms.

If you require a license for use within a firm, organization, or larger group, you must contact the Author to negotiate a separate licensing arrangement.

/05Prohibited uses

You agree that you will not, and will not permit or facilitate any third party to:

• Reproduce, copy, modify, adapt, translate, or create derivative works of any Material, in whole or in part, except as strictly necessary for your personal use of the Material as licensed under these Terms;
• Sell, resell, lease, rent, lend, sublicense, distribute, transmit, transfer, or otherwise commercially exploit any Material;
• Post, upload, publish, or otherwise make any Material available on the internet, on a shared drive, on an intranet, on a cloud-storage service accessible to others, or through any other medium accessible to persons other than the licensed user;
• Use any Material, in whole or in part, to train, develop, fine-tune, or evaluate any artificial intelligence model, machine-learning system, large language model, or similar technology;
• Use the Website or any Material to engage in any unlawful, infringing, fraudulent, harassing, or harmful activity;
• Attempt to gain unauthorized access to the Website, any account, any server, or any underlying system;
• Interfere with, disrupt, or attempt to circumvent any security feature or access control of the Website;
• Use any automated tool (including any bot, crawler, spider, or scraper) to access the Website or to extract content from the Website, except for legitimate search engine indexing in accordance with our robots.txt file;
• Remove, obscure, or alter any copyright notice, trademark, attribution, or other proprietary notice contained in or on any Material; or
• Use the Website or any Material in any manner that violates these Terms, the Disclaimer, the Privacy Policy, the Refund Policy, or any applicable law.

/06Pricing and payment

The price for each Material is set out on the Website at the time of purchase. Prices are stated in Canadian dollars unless otherwise indicated. The Author may change the price of any Material at any time, but a change in price will not affect any purchase that has already been completed.

You agree to pay the full purchase price plus any applicable taxes, fees, and charges through the payment methods made available on the Website. Payment is processed by third-party payment processors. By providing payment information, you represent that you are authorized to use the payment method you provide and authorize us, through our payment processor, to charge that method for the full amount of your purchase.

You are responsible for any taxes, levies, duties, or similar governmental assessments applicable to your purchase under the laws of your jurisdiction.

/07Delivery and access

Upon successful completion of payment, the Material will be made available for download through a link delivered to you by email and through the order confirmation page. The Material is delivered electronically; no physical copy is sent.

You are responsible for retaining a copy of the Material that you download. If you lose access to a previously downloaded Material, you may request a replacement download by contacting us at the address in the final section of these Terms; replacement downloads are made available at the Author’s discretion.

The Author makes no guarantee that the Website, the download link, or any underlying technology will be available continuously or without interruption. Brief outages, maintenance windows, or technical disruptions do not entitle you to a refund or other remedy provided your access is restored within a reasonable time.

/08No refunds

The Materials are digital products delivered immediately upon completion of payment. Once a Material has been made available for download, the transaction is final.

All sales are final and non-refundable. The Author does not offer refunds, returns, exchanges, credits, or chargebacks under any circumstances, including without limitation:

• Change of mind after purchase;
• Determination by the buyer that the Material does not address the buyer’s specific situation or jurisdiction;
• Determination by the buyer that the Material is not suitable for the buyer’s purpose;
• Failure by the buyer to read the Material’s description, scope, or any preview content prior to purchase;
• Subsequent changes in the law that affect the currency of the Material;
• The buyer’s inability to access or use the downloaded Material due to the buyer’s own technical limitations; or
• Any other reason whatsoever.

By completing a purchase, you acknowledge and agree that the Material is delivered in immediately consumable digital form and that you waive any statutory or common-law right of withdrawal, cancellation, return, or refund to the maximum extent permitted by applicable law.

You are strongly encouraged to review each Material’s title, description, jurisdictional scope, publication date, and any preview information made available on the Website before completing a purchase. If you are uncertain whether a Material addresses your situation, do not complete the purchase.

/09Intellectual property

All right, title, and interest in and to the Website and the Materials — including all copyright, trademark, trade dress, design, text, graphics, layout, software, structure, organization, and selection — are owned by the Author or by the Author’s licensors, and are protected by Canadian, United States, and international intellectual property laws.

Except for the limited license granted in Section 4, no right, title, or interest in or to the Website or any Material is transferred to you by these Terms or by any purchase. All rights not expressly granted are reserved by the Author.

“Cross-Border Wills & Estates” and any associated logos, marks, taglines, or visual identity are the trademarks of the Author. You may not use any of these marks without the Author’s prior written consent.

/10User-submitted content

If you submit any content to the Website — including by sending an email or message through any contact form, by posting a comment, by submitting a request to commission a memorandum, or by any other means — you represent that:

• You own or control all rights in the content you submit;
• The content does not infringe any intellectual property right, privacy right, publicity right, or other right of any third party; and
• The content is not unlawful, defamatory, obscene, harassing, or otherwise objectionable.

By submitting content, you grant the Author a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, store, and process that content for the purposes of operating the Website, responding to your inquiry, and improving the Materials. This license does not give the Author the right to publicly attribute the content to you or to disclose your identity.

Communications you send through the Website are not legal consultations and are not subject to lawyer-client privilege. Do not send confidential or sensitive information through the Website.

/11Accounts and security

If the Website permits you to create an account, you are responsible for:

• Maintaining the confidentiality of your account credentials;
• Ensuring that the information associated with your account is accurate and current;
• All activity that occurs under your account, whether or not authorized by you; and
• Notifying us promptly of any unauthorized access to or use of your account.

The Author is not liable for any loss or damage arising from your failure to safeguard your account credentials.

/12Suspension and termination

The Author may, at its sole discretion and without prior notice, suspend or terminate your access to the Website, your account, or any license to a Material if:

• You breach these Terms, the Disclaimer, the Privacy Policy, or the Refund Policy;
• You engage in any prohibited use described in Section 5;
• The Author is required to do so by law or by order of a court or competent authority; or
• The Author determines, in its reasonable judgment, that your conduct poses a risk of harm or liability to the Author, to other users, or to third parties.

On termination, your license to use any affected Material ends immediately and you must cease all use of the affected Material. Sections of these Terms that by their nature survive termination — including Sections 4 (insofar as it limits your rights), 5, 9, 13, 14, 15, 16, 17, 18, and 19 — will survive termination.

/13Disclaimer of warranties

The Website and the Materials are provided “as is” and “as available“, without representation, warranty, or condition of any kind, whether express, implied, statutory, or otherwise.

To the maximum extent permitted by applicable law, the Author disclaims all representations, warranties, and conditions of any kind, including without limitation any representation, warranty, or condition of merchantability, fitness for a particular purpose, accuracy, completeness, currency, non-infringement, title, or quiet enjoyment.

Without limiting the generality of the foregoing, the Author makes no warranty that the Website or any Material will meet your requirements, that the Website will operate without interruption, that defects will be corrected, or that the Website or any Material is free of viruses or other harmful components.

/14Limitations of liability

To the maximum extent permitted by applicable law:

• The Author shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, business opportunities, or other intangible losses, arising out of or relating to your use of the Website or the Materials — even if the Author has been advised of the possibility of such damages.
• The Author shall not be liable for any errors, inaccuracies, or omissions in the Materials, for any delay or interruption in the availability of the Website or Materials, for any loss arising from your reliance on the Materials, or for any unauthorized access to or use of your account or data.
• The Author’s aggregate liability to you arising out of or relating to your use of the Website or the Materials, regardless of the form of action and whether based in contract, tort (including negligence), strict liability, or any other legal theory, shall not exceed the greater of (a) the amount you paid for the specific Material giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).

Some jurisdictions do not permit the exclusion or limitation of certain damages. To the extent any of the limitations in this section is unenforceable in your jurisdiction, that limitation shall apply to the maximum extent permitted by the law of that jurisdiction.

/15Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Author from and against any and all claims, demands, actions, causes of action, losses, damages, liabilities, costs, and expenses (including reasonable legal fees and disbursements) arising out of or relating to:

• Your use of the Website or any Material;
• Your breach of these Terms, the Disclaimer, the Privacy Policy, or the Refund Policy;
• Your violation of any applicable law or any right of any third party;
• Any content you submit to the Website; or
• Any decision you make or action you take based on the Materials.

/16Modifications to these Terms

The Author may revise these Terms at any time. The revised Terms will be posted on this page with an updated effective date. Material changes to these Terms will, where reasonably practicable, be brought to your attention through a notice on the Website or by email if you have provided one.

Your continued use of the Website or purchase of Materials after the effective date of any revision constitutes your acceptance of the revised Terms. If you do not accept any revision, you must cease using the Website and stop using any Material.

The version of these Terms in effect at the time you complete a purchase governs that purchase.

/17Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia, without reference to conflict-of-laws principles.

Any dispute arising out of or relating to these Terms, the Website, or the Materials shall be resolved exclusively in the courts of the Province of British Columbia, sitting in Vancouver, and you irrevocably attorn to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

/18Severability and waiver

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable; or, if it cannot be so modified, it shall be severed, and the remaining provisions shall continue in full force and effect.

The failure of the Author to enforce any provision of these Terms on any one occasion does not constitute a waiver of that provision or of the Author’s right to enforce that provision on any other occasion.

/19Entire agreement

These Terms, together with the Disclaimer, the Privacy Policy, the Refund Policy, and any order confirmation issued in respect of your purchase, constitute the entire agreement between you and the Author concerning your use of the Website and the Materials, and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral.

No variation of these Terms is binding on the Author unless agreed to in writing and signed by the Author.

/20Contact

If you have questions about these Terms, please contact the Author at the address below. Note that any such communication is not a legal consultation, will not create a lawyer-client relationship, and will not be treated as confidential.