TERMS AND CONDITIONS

1. ACCEPTING THESE TERMS

This document, our rules, policies and the other documents referenced make up our Terms and Conditions (“Terms”). The Terms are a legally binding contract between you and My Lasting Wish. This contract sets out your rights and responsibilities when you use our application. Please read them carefully.

2. SERVICE

My Lasting Wish offers a DIY will drafting service and upload as well as store videos with messages to the future for users’ family and friends to view in the event the users pass away. It should be noted that users are cautioned to exercise due diligence when drafting the wills since the laws in different states vary for instance certain states require wills to be notarized and witnessed in order for them to be valid. The user will be free to upload the will on his or her account once all the requirements have been met. My Lasting Wish will ensure all the information is kept confidential and private and can only be accessed by family once they have been provided with login credentials.

3. DISCLOSURE OF INFORMATION

3.1 You hereby agree to allow My Lasting Wish access to all legal documents and other material generated via www.mylastingwish.com.

3.2 My Lasting Wish hereby agrees that all of your information and material received via the website or otherwise will be kept in the strictest confidence and will not be disclosed to any third party without your consent.  However, you may authorize My Lasting Wish to disclose information to Third Parties to assist you with current or future matters or areas of interest. Some users will be referred to us from a third party after having established a customer relationship with that third party. If a client of a third party uses any of our services, having been referred to us by the third party, that third party may from time to time be granted access to personally identifiable information, including data entered by the client into the services used at www.mylastingwish.com.

4. RISK

My Lasting Wish website may contain inaccuracies or typographical errors. My Lasting Wish makes no representations about the accuracy, reliability, completeness or timeliness of the content or about the results to be obtained from using the website or its Content. Your use of the website, including, without limitation, the services and information contained therein, is on an “as is” basis and is at your own risk. My Lasting Wish may make changes to the Content at any time. My Lasting Wish is not responsible for any loss, injury, claim, liability or damage related to your use of the website or any site linked to this website, whether for errors or omissions in the content of our website or any other linked sites, from the website being down or from any other use of the website.

5. YOUR DOCUMENTS

5.1 My Lasting Wish is not a law firm. The use of the website is not a substitute for seeking legal advice. The user agrees that he or she is not relying on My Lasting Wish for any legal advice or information. The user agrees that any documents completed by the user on the website are documents made by the user and not documents made by My Lasting Wish. The user further agrees that any documents completed by the user on the website are documents completed by the user without a lawyer or legal advice. If a user requires legal advice or information, it is agreed that it is the duty of the user to obtain such legal advice or information. If a user is uncertain as to whether legal advice or information is required, it is agreed that the user will obtain such legal advice or information.

5.2 My Lasting Wish does not offer legal advice, and the content on the website is not guaranteed to be correct. Although considerable effort has been made to ensure that the information on the website is accurate and up to date, be aware that state laws and procedures change and may be open to interpretation. In addition, the successful execution of any services on the website requires accurate information provided by the user and/or appropriate actions taken by the user as described on the website. My Lasting Wish cannot ensure that this information will be accurate or that these actions will be taken appropriately. Although the information on the website can be used to help in the creation of legally binding documents, we cannot guarantee that the results of using the content on the website will result in the creation of legally binding documents and individual circumstances vary. As a result, My Lasting Wish does not make any guarantees about the use to which the website is put, or the results of that use. If you have any doubts as to the validity or legal standing of documents created using the content on the website, we recommend that you consult an attorney licensed to practice law in your area.

5.3 Any documents that you create using the website are yours and it is your responsibility to ensure that they reflect your intentions. If you require a legal opinion about the effect of the documents or their legal interpretation, you must have your documents reviewed by an attorney in your State who specializes in Wills and estate planning.

5.4 If you choose to create a Will and are disposing of property that is located in a different jurisdiction, please review the laws of that area. They may conflict with your Will and negate your disposition of your property. Any property from another jurisdiction that is acquired after your Will is executed will not be made part of your document, and the laws of that jurisdiction will govern its disposition. My Lasting Wish is not responsible for any property that cannot be disposed of according to your wishes, and makes no guarantee that your testamentary requests can be followed.

6. TERMINATION

You agree that My Lasting Wish, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content within the Service, for any reason, including, without limitation, if My Lasting Wish believes that you have acted inconsistently with the letter or spirit of these Terms and Conditions. Further, you agree that My Lasting Wish shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

7. DISCLAIMER OF LIABILITY

7.1 My Lasting Wish shall not be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of, or connected with, your (i) use of the website and (ii) any other subject matter of this Agreement. This includes, but is not limited to, the loss of any data or information created through the use of the website services or documents, including, but not limited to data or information held by My Lasting Wish.

7.2 The user and his or her estate, including heirs, successors and assigns, hereby agree to indemnify and save harmless My Lasting Wish from any and all claims and demands of any kind whatsoever arising from or in relation to any document completed or attempted to be completed on this Site (whether such document is properly or improperly signed) including any and all legal costs, damages or awards.

7.3 My Lasting Wish makes no representations or warranties. Without limiting the foregoing, except as expressly stated in this Agreement, My Lasting Wish makes no representations or warranties of any kind, either express or implied, as to any matter including, without limitation, implied warranties of fitness for a particular purpose, merchantability, non-infringement or otherwise which would extend beyond the representations and warranties contained in this Agreement.

8. USE OF MY LASTING WISH WEBSITE

8.1 My Lasting Wish makes this website and the Materials and Services, available for your access and use subject to the Terms and Conditions. “Materials” means all information, data, documents, communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products made available or enabled via the Site by My Lasting Wish or users of this Site. “Services” means all services and resources offered or enabled via the Site by My Lasting Wish and users of this Site, including download areas, product and other information services.

8.2 You agree to use the Services only to access, download, upload, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you.

8.3 My Lasting Wish, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. My Lasting Wish may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted; and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as My Lasting Wish deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your children in any Services or when you post, upload or otherwise submit any Materials.

8.4 If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify My Lasting Wish immediately. If any Services or Materials provide password-restricted access to your sensitive information (including customer lists and contractual terms), then by accessing or using this Site and setting up a password-restricted account for such Services or Materials, you consent to My Lasting Wish display of such information via such Services or Materials and accept all risks of unauthorized access to such information.

9. EVENTS BEYOND OUR CONTROL

My Lasting Wish is not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident].

10. RIGHTS OF THIRD PARTIES

No one other than a party to these Terms has any right to enforce any of these Terms.

11. WAIVER

No failure on the part of My Lasting Wish to enforce any part of these Terms and Conditions and no action on the part of My Lasting Wish shall constitute a waiver of any of My Lasting Wish’s rights under these Terms and Conditions whether for past or future actions on the part of any person, provided, however, that only a specific, written waiver signed by an authorized representative of My Lasting Wish shall have the legal effect of a waiver.

12. SEVERABILITY

If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, then that provision shall be deemed modified or limited only to the extent necessary to bring it within a legal requirement or will be severable from the Terms and Conditions and shall not affect the validity and enforceability of the Terms and Conditions.

13. CHANGES

My Lasting Wish may amend the Terms at any time by posting a revised version on our application. The revised version will be effective at the time we post it.