THE WEBSITE FACILITATES END-OF-LIFE PLANNING, CENTRALIZED STORAGE OF IMPORTANT INFORMATION, AND COMMUNICATION
The Website is intended solely as a vehicle to assist with end-of-life planning, the organization of important records and documents, and the development and communication of your legacy, final wishes, and special messages to chosen recipients.
The Website’s Content (as more particularly defined in the Limited License section below) is informational only and is not, and is not intended to be, a substitute for legal advice. By using this Website, no lawyer/client relationship is formed between a user and any person. If you have any questions or concerns about how to legally implement your last wishes, what the tax consequences of any particular estate plan may be, or any other questions or concerns about structuring your estate plan and last wishes, SEEK THE ADVICE OF A LAWYER ADMITTED TO PRACTICE IN YOUR JURISDICTION, AN ACCOUNTANT, AND/OR ANOTHER QUALIFIED PROFESSIONAL WITH RELEVANT KNOWLEDGE AND EXPERIENCE.
Documents created by using the Website facilities and services do not substitute for or supersede previously created legally binding statements of testamentary intent such as lawfully created wills (whether attested or holographic), trust documents, or other formal estate-related documents. IF YOU WISH TO CREATE A LEGALLY BINDING DOCUMENT TO GOVERN THE DISPOSITION OF YOUR ESTATE OR INDIVIDUAL ASSETS, YOU SHOULD CONSULT WITH A LAWYER ADMITTED TO PRACTICE IN YOUR JURISDICTION.
The Website does not recommend or endorse any specific estate plan, planning tool, or any service or company that may assist you in developing or structuring an estate plan or in carrying out your last wishes. You alone are responsible for any decision you make to use the Website, to access any particular Content contained in or accessible via the Website, or to take any steps or actions based on conclusions you may draw from the Content. Reliance on any Content is therefore solely at your own risk. The Website does not guarantee any particular results.
User Registration and Accounts
You may terminate your user account at any time by notifying My Life’s Message at firstname.lastname@example.org. Your user account will terminate on the last day of the month in which My Life’s Message receives the termination request. Your user account will terminate automatically (i) if My Life’s Message does not receive payment of user registration fees within ninety (90) days after such fees are due, and (ii) upon the expiration of ninety (90) days after receipt by My Life’s Message of notice of your death. Appointed Messengers must access the Messenger portal within the ninety (90) day period following death in order to complete their duties to the account holders who appointed them.
Following termination of a user account upon request or for non-payment of registration fees, the Website will continue to store the data associated with the terminated user account (such as email addresses and login credentials or voluntarily submitted personal information) for backup and archival purposes, but such accounts will no longer be accessible to the user (unless the user decides to reactivate the account within ninety days). Following termination of a user account due to death, the user account will no longer be accessible; provided, however, the duly Appointed Messenger for the terminated account will have the ability to access such user information as is available through the Messenger portal for ninety (90) days following such account termination (without the ability to edit any such information). The Website will automatically transmit the deceased registered user’s prearranged special email messages.
You can sign into your active user account at any time to see, delete, modify or supplement any information you have contributed, including, without limitation, your registration plan, payment information, email address, profile information, identity and contact information for Appointed Messengers, legacies, contact information and/or content of messages for intended recipients, and your instructions and records.
Payment of Registration Fees
Users may register and obtain users accounts under three different plans: Copper, Silver and Gold. The features associated with such plans are outlined here.
Currently, the Copper plan is free and there are no annual or other charges associated therewith.
The Silver plan is billed annually. Account registrations for the Silver plan automatically renew on an annual basis. Upon the annual anniversary of the creation of a user’s Silver plan account, the user’s credit card will be automatically charged the applicable annual fee. There are no refunds of annual registration fees under the Silver plan unless the user terminates his/her account within the first sixty (60) days following the annual auto-renewal.
The Gold plan is billed based on a one-time fee. Once the full amount of the Gold plan billed and paid, no further annual fees shall be due for such users.
The fees may change from time to time and shall be as set forth on the page of the Website on which registered users are directed to submit their payment information. You should be aware that My Life’s Message does NOT collect your financial information. Financial transactions and acceptance of credit card payments of registration fees are conducted on behalf of My Life’s Message by a third party service provider, Stripe, of San Francisco, CA. Stripe is responsible for maintaining the privacy of the financial and personally identifying information that they collect for purposes of your payment of the registration fee. My Life’s Message does not control, and therefore cannot make any guarantees or warranties about, the use of your personal information by its third party service providers. Therefore, if you have any questions about such potential use, you are responsible for contacting the third party service provider directly.
There are no refunds of annual registration fees unless the user terminates his/her account within the first sixty (60) days following the annual auto-renewal.
By posting or otherwise submitting any content or other information to the Website, you automatically grant to us a worldwide, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, and irrevocable right to copy, distribute, create derivative works of, publicly perform, and display such content.
Prohibited Activities by Users Users are prohibited from using the Website for any illegal or unauthorized purpose(s) and agree to comply with all applicable laws, rules and regulations.
Users are prohibited from, and agree not to, interfere with the operation of the Website, and with any servers, databases, or networks connected with the Website, by any means whatsoever, including, without limitation, by transmitting any virus, spyware, malware or other malicious code or otherwise altering or interfering with the Website, the user interface, or the appearance of the Website in a user’s browser. Users are prohibited from any attempts to restrict another user from using or enjoying the Website, and all persons are prohibited from intercepting or interfering with any user’s transmission of content to the Website.
Prohibited Activities by Users
Users are expressly prohibited from creating a legacy, message, email, or otherwise providing for the transmission through or via the Website of information or content that:
a) is malicious, unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, violent, or harmful to minors in any way;
b) is pornographic or profane;
c) harasses, degrades, intimidates or is hateful toward an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability, or advocates racial or ethnic intolerance;
d) unlawfully impersonates any person or entity, including, but not limited to, an employee of My Life’s Message, or falsely states or otherwise misrepresents the user’s affiliation with a person or entity;
e) includes personal or identifying information about another person without that person’s explicit consent;
f) is false, deceptive, misleading, deceitful, or intentionally misinforms;
g) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or that the user does not have a right to make available under law or is restrained from making available under contractual or fiduciary relationships;
h) constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
i) constitutes or contains any form of advertising or solicitation;
j) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of the recipient; or
k) is intended to advocate or advance computer hacking or cracking;
l) constitutes or advocates gambling or other illegal activity, including, without limitation, pyramid schemes and illegal export of controlled substances or illegal software;
m) relates to or includes drug paraphernalia; or
n) contains other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights.
In addition, users are specifically prohibited from:
(1) using automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website;
(3) attempting to gain unauthorized access to the Website’s computer systems, network, host, or databases or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website;
(4) using the Website to generate or facilitate unsolicited commercial email (“spam”), including, without limitation, sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law; data mining the Website to find email addresses or other user account information; sending emails to persons who have requested to be removed from a mailing list; selling, exchanging or distributing to a third party the email addresses of any person obtained through the Website without such person’s knowing and continued consent to such disclosure; and sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship;
(5) using the Website to violate the legal rights of others, including, without limitation, rights of privacy and publicity and unlawfully transmitting another’s intellectual property or proprietary information without the owner’s or licensor’s permission; and
(6) using any form of automated device or computer program that enables the submission of content (legacy, message, etc.) without each submission being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
Violation and Enforcement; Termination of User Accounts
Data Security and Privacy
Your indemnification obligations apply without regard to the nature or scope of the underlying cause of action or theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise; provided, however, that you shall have no indemnification obligation with regard to damages suffered by My Life’s Message to the extent such damages are the direct result of its own negligence.
DISCLAIMER OF WARRANTIES AND LIMITATION ON DAMAGES
The Website has no control over users’ Internet service or access, or the transmission media used when users access and use the Website. Accordingly, My Life’s Message cannot and does not assume any liability for or relating to the delay, failure, or interruption of access to or use of user accounts due to such factors, or the corruption of any data transmitted in connection with your use of the Website. THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MY LIFE’S MESSAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. MY LIFE’S MESSAGE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CORRECTNESS, OR TIMELINESS OF CONTENT, APPLICATION ELEMENTS, ACTIVITIES, OR INFORMATION PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR A USER ACCOUNT.
MY LIFE’S MESSAGE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MY LIFE’S MESSAGE EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, LOSS OF PROFITS OR REVENUE, OR ANY LOSS OF DATA, GOOD-WILL, OR OTHER INTANGIBLE LOSS DIRECTLY OR INDIRECTLY RESULTING FROM OR RELATED TO THE OPERATION OR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS AND USE, THE WEBSITE OR YOUR USER ACCOUNT; (B) YOUR USE OF OR RELIANCE ON ANY CONTENT PROVIDED BY THE WEBSITE; (C) ANY ACTION MY LIFE’S MESSAGE TAKES OR PERMITS LAW ENFORCEMENT AUTHORITIES TO TAKE REGARDING USERS OR INFORMATION CONTAINED IN USER ACCOUNTS; (D) THE PERFORMANCE OR INTERRUPTION OF PERFORMANCE OF THE WEBSITE AND USER ACCOUNTS, INCLUDING ANY ERRORS OR OMISSIONS IN THE OPERATION OR PERFORMANCE OF THE WEBSITE OR CORRUPTION OF DATA; (E) UNAUTHORIZED THIRD PARTY ACCESS TO, USE OR ALTERATION OF CONTENT OR USER CONTRIBUTIONS OR TRANSMISSIONS; (F) FAILURE OF ANY APPOINTED MESSENGER TO PERFORM THE SERVICES REQUESTED BY THE USER, OR THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE APPOINTED MESSENGER IN THE PERFORMANCE OF SUCH SERVICES; (G) ANY UNAUTHORIZED OR ILLEGAL USE OR MISUSE OF USER INFORMATION AND RECORDS BY AN APPOINTED MESSENGER; AND (H) ANY DAMAGE TO A USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY RESULTING FROM UNAUTHORIZED ACCESS BY A THIRD PARTY, OR ANY VIRUS, BUG, TAMPERING, FRAUD, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER OR NETWORK FAILURE, OR ANY OTHER TECHNICAL MALFUNCTION WHILE A USER ATTEMPTS TO, OR DOES, ACCESS OR USE THE WEBSITE. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THESE DISCLAIMERS AND LIMITATIONS APPLY EVEN IF SUCH DAMAGES ARE FORESEEABLE OR EVEN IF MY LIFE’S MESSAGE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MY LIFE’S MESSAGE BE LIABLE TO USERS OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY DUE TO OR RELATED TO THE USE OR MISUSE OF THE WEBSITE.
TO THE EXTENT ANY OF THE FOREGOING DISCLAIMERS ARE UNENFORCEABLE, ANY DAMAGES AWARDED AGAINST MY LIFE’S MESSAGE IN RELATION TO A USER ACCOUNT SHALL BE LIMITED TO THE TOTAL AMOUNT OF REGISTRATION FEES PAID BY THE SAID USER.
BY ACCESSING THE WEBSITE AND YOUR USER ACCOUNT, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
Any claim arising in connection with the use of the Website, the Content, or the Application Elements must be brought within six (6) months after the date the claim accrued.
Copyright Infringement Notice and Takedown Process
If you believe that any Content or Application Elements infringe your copyright, you may request the removal of such Content or Application Elements (or user access to such Content) by writing to the Copyright Agent identified below and providing that Copyright Agent with the following information:
(i) an identification and description of the copyrighted work claimed to have been infringed, including a copy or the location of such material (e.g., a URL or other identifier of published material);
(ii) a description/identification of the material that is claimed to be infringing or the subject of infringing activity and that you are requesting be removed or access be disabled, and information reasonably sufficient to permit the location of the alleged infringing material on the Website;
(iii) your first and last name and contact information, including your street address, telephone number, and an email address;
(iv) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(v) a statement that the information you have supplied is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
(vi) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
My Life’s Message reserves the right to remove Content alleged to be infringing without prior notice and at its sole discretion.
Please address your complaint of copyright violation/infringement to:
Termination of the Website
GOVERNING LAW, MISCELLANEOUS PROVISIONS AND DISPUTE RESOLUTION
Miscellaneous Legal Provisions
In the event either Party does not agree to submit the dispute to mediation, or such mediation is not successful, either Party may initiate arbitration as follows:
(b) Hearings and other arbitration proceedings shall be conducted in Beaufort County, South Carolina. Arbitration may be compelled, and judgment on an award rendered by the arbitrator(s) may be entered, in the State and Federal courts in and for the State of South Carolina having jurisdiction thereof. The law governing any arbitration proceeding shall be the law of the State of South Carolina, without reference to its conflicts of law principles, or federal law, as applicable
(c) Neither party to a dispute shall be entitled to arbitrate joint or consolidated claims by or against other parties, or arbitrate any claim as a representative or member of a class.
(d) If a court of competent jurisdiction or an arbitrator with authority to adjudicate the matter should declare all or any part of this arbitration provision invalid or unenforceable, then the remainder of this arbitration provision shall be valid and enforceable to the fullest extent permitted by law.
To the extent a dispute or controversy may be submitted to a court for judicial resolution or enforcement of an arbitration award, jurisdiction and venue is conferred on the State and Federal courts for Beaufort County, South Carolina, USA and you expressly consent to the personal jurisdiction of such courts.
BY ACCESSING AND/OR USING THIS WEBSITE, ALL PERSONS ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF A DISPUTE OR CONTROVERSY (EXCEPT IN RELATION TO COLLECTION MATTERS) NEITHER PARTY HAS THE RIGHT TO HAVE THE DISPUTE OR CONTROVERSY RESOLVED BY A JUDGE IN A COURT OF LAW AND EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY. THERE SHALL BE NO RIGHT FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS. OTHER POTENTIAL LEGAL RIGHTS SUCH AS THE RIGHTS TO TAKE DISCOVERY AND TO APPEAL ARE SIGNIFICANTLY LIMITED OR ELIMINATED IN ARBITRATION. ON THE OTHER HAND, ARBITRATION MAY BE A LESS EXPENSIVE, QUICKER AND MORE EFFICIENT MEANS OF RESOLVING DISPUTES.