My Life and Wishes, Inc.
Service Terms and Conditions
Effective Date: January 1, 2016
These My Life and Wishes® Terms and Conditions (the “Service Terms”) are a legally binding agreement between My Life and Wishes, Inc. (“MLW” “we” “our” or “us”) and you (“you,” “your” or “yours”), and describe the terms under which you agree to use the My Life and Wishes® software.
Please read these Terms and Conditions of this Agreement carefully. If you do not accept and agree to the Terms and Conditions then you may not use or access the Site or any of the Services. MLW in its sole discretion may modify this Agreement from time to time, and may suspend, or terminate the Site and Services, for any reason. MLW will give all clients thirty day notice in the event of termination of the Site. Notice will be given via email and as a notice posted on the member dashboard at time of sign in. Although you will be asked to indicate your acceptance of the terms of this Agreement only once (when you register for an account), the terms of this Agreement, as modified by MLW from time to time, will govern all use of the Site and Services. By continuing to use or access the Site or any of the Services, you agree to be bound by the Terms of Service in effect at the time of such use or access. Note that any violation of these Terms may result in termination of the Service to you. If you have questions about the Terms, please contact us at: firstname.lastname@example.org
IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MUST NOT ENROLL OR REGISTER FOR ANY OF THE SERVICES OR OTHERWISE USE THE SERVICES.
RESTRICTIONS, CONTENT and MEMBER CONDUCT
You acknowledge and agree that all information, materials and images (collectively Content) submitted by you to the Service are your sole responsibility. You will not do any of the following while using or accessing the Site or the Services:
a. Upload, email, or otherwise transmit
- Content that you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content);
- Content for which you do not have the consent or permission of each identifiable person in the Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Content); or
- Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
b. Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Content except your Content;
c. Use any meta-tags or other hidden text or metadata utilizing the MLW name, trademark, and URL or product name without MLW’s express written consent;
d. Upload, email, or otherwise transmit, via the Site or Services, any Content that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity or pornography (including without limitation any child pornography or child erotica), is deceptive, threatening, abusive, inciting to unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of MLW;
e. Upload, email, or otherwise transmit any Content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
f. Upload, email or otherwise transmit any Content that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Content that is unrelated to the immediate, aesthetic nature of the Content;
g. Attempt to probe, scan or test the vulnerability of any MLW system or network or breach any security or authentication measures;
h. Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Services to send altered, deceptive, or false source-identifying information;
i. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure protecting the Site or Services;
j. Collect or store personal data about other users without their express permission;
k. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commit fraud;
l. Resell the Services, in whole or in part;
m. Violate any applicable law, regulation, or ordinance; or
n. Use the Site or Services in any manner not permitted by this Agreement.
COST OF MEMBERSHIP
The annual cost of membership depends on the type and size of account selected by the customer. Additional services and increases in memory capacity will increase your cost. MLW reserves the right to change prices at any time, and any change shall be published on the Site. Rates can be seen at www.mylifeandwishes.com/pricing
YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, THAT YOUR ACCESS TO OR USE OF THE SERVICES DOES NOT VIOLATE APPLICABLE LAWS, AND THAT YOU AGREE WITH ALL THE TERMS OF THESE SERVICE TERMS
The MLW Service allows users to safely store encrypted copies of private information (“Private Information”) online. At the time of the user’s incapacitation or death the user’s Private Information will be available to the Co-Owner or Authorized Viewer.
THE MY LIFE AND WISHES SYSTEM RELIES ON THE INFORMATION YOU HAVE ENTERED. MY LIFE AND WISHES STAFF CANNOT SEE OR READ ANY OF YOUR DATA. THE ACCESSABILITY OF YOUR INFORMATION IS SOLELY DEPENDENT ON YOU, YOUR CO-OWNERS AND THE AUTHORIZED VIEWERS YOU HAVE SELECTED.
By becoming a Member, you agree to accept and consent to receiving email communications including, without limitation: system generated message notification emails and emails informing you of changes to the Service. You also agree to accept and consent to receiving emails informing you of promotions (“Promotional Emails”) from MLW. You may opt out of Promotional Emails by following the “unsubscribe” instructions contained within each Promotional Email. If you select to use any of the third party services offered on the Site and if you receive any Promotional Emails from the Third Party Site you hereby expressly represent and warrant that MLW takes no responsibility for any actions or omissions from such third parties and that you are responsible in all respects for your decision to use any service from any third party. You hereby acknowledge that such third parties may have terms and conditions and privacy policies that differ substantially from this Agreement and that it is your responsibility to review all aspects of your interactions with any such third parties.
When purchasing a subscription you agree to pay in full for your subscription along with any additional amounts incurred due to your selection of additional services. By using the Service, you consent to receiving electronic communications from MLW. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
All approved payment methods are listed at the time of payment. We do not accept any Payment Methods other than the options provided on the Site. Currently, we only accept American Express, Visa, MasterCard, and Discover credit cards. We also accept all debit cards branded by Visa and MasterCard.
YOUR MEMBERSHIP WILL RENEW AUTOMATICALLY UNTIL CANCELLED BY YOU. THE RENEWAL FEE AND MANNER OF RENEWAL PAYMENT IS SET FORTH IN THE TERMS OF YOUR OFFER AND THE PLAN THAT YOU HAVE SELECTED.
By accepting the terms of this Agreement, you acknowledge that your Membership Plan has an initial and recurring payment feature and you accept responsibility for all charges prior to cancellation.
As defined by the Membership Plan you select, your plan will “AUTO-RENEW” for successive renewal periods of the same duration as the term originally described in your Membership Plan (e.g., yearly or monthly), at the then-current non-promotional rate associated with your Membership Plan. You may change your Membership Plan or discontinue your Membership by using the Account Settings functions on the Site.
If you discontinue your Membership, you may use the Services associated with that Membership Plan until the end of the active Membership term. Your Membership will not be renewed after the canceled term expires. Further, you will not be eligible for a prorated refund of any portion of the fee paid.
PROVIDED PAYMENT METHODS INFORMATION
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION REGARDING THE PAYMENT METHOD FOR YOUR ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE WITHIN THE ACCOUNT SETTINGS FUNCTIONS OF THE SITE. IF YOU FAIL TO PROVIDE MLW ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU UNDER THE TERMS OF YOUR MEMBERSHIP PLAN UNLESS YOU HAVE TERMINATED YOUR MEMBERSHIP PLAN FOR THE SERVICE.
FREE TRIALS AND PROMOTIONS
MLW may from time to time offer free trials or promotional accounts without cost or at a reduced cost for a specified period. One week prior to the expiration of the promotional period you will receive an email notifying you of the end of the promotional period. The email will also contain a “link” for you to continue the service as a paying member at the published membership rate.
MLW users are provided with a 30 day free trial to determine if the MLW services meet their needs. Accordingly, following the free trial, if a user becomes a paying member, no refunds will be provided.
If you fail to keep your subscription active and in good standing for more than 30 days beyond your billing cycle, you will still be able to view your information, but unable to enter any new or additional information into your account. Following this period, MLW reserves the right to delete your account. All commercially reasonable efforts will be made to send you an e-mail notice alerting you to the potential deletion of your account from the Site.
REACTIVATION OF ACCOUNT
If your wish to reactivate your subscription, you may do so by paying your account current and providing updated billing and payment information.
THIRD PARTY SERVICES & CONTENT
MLW does not allow any third party marketer’s access to the Site. There may be advertisers on our integrated marketing platform, however, these advertisers are independent of mylifeandwishes.com and your use or participation with any of their offers, services or products is solely between you and the third-party company. MLW disclaims any and all express, implied and statutory warranties with regard to third party content, product or services.
LINKS TO THIRD PARTY SITES
Any Web Site that links to mylifeandwishes.com
- may link to, but not replicate, any portion of the Site;
- may not imply that MLW is endorsing such Web Site or its services or products, unless otherwise expressly agreed by MLW;
- may not misrepresent its relationship with MLW;
- may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages;
- may not portray MLW or the Services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate MLW with undesirable products, services, or opinions; and
- may not use any MLW trademark or service mark without our express written permission. MLW may, in its sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
This Agreement is effective until terminated. If we believe that you have, or may have, breached any of the terms, conditions, representations or warranties of these terms and conditions, MLW may immediately terminate or suspend this Agreement, at MLW’s sole discretion. You agree that MLW, may terminate your membership (or any part thereof) or use of the Service, and remove and discard any Content including, but not limited to, any and all information, communications, content, document, images or any other Content within the Service, at any time, without notice, for any reason. Further, you agree that MLW shall not be liable to you or any third-party for any termination of your access to the Service. Termination of this Agreement by MLW is without prejudice to any other remedies MLW may have at law or in equity. Agreement provisions relating to representations and warranties, disclaimers of warranties, limitation of liability, indemnification, confidentiality, proprietary rights, dispute resolution and payments shall survive termination or expiration of this Agreement. Upon termination of this Agreement, you no longer have authorized access to or use of the Site and any MLW Service, and any subsequent access or use without the prior written consent of MLW is prohibited. You have the right to terminate your membership at any time by contacting our Customer Service Department email@example.com. The cancellation of your membership or ceasing all use of the Service is your only remedy with respect to any dispute that you may have with us. We will attempt to process all cancellation requests within 72 hours after we receive your request.
Any information or media that you enter or upload to the Service, or otherwise submit as part of your use of the Service, including, without limitation, photographs and other images, text, graphics, videos, visuals, sounds, data, files, and other materials (collectively, “Content”), is yours and private. NO LICENSE is given to MLW or any of its affiliates.
MLW recommends that you supply true, accurate, current and complete information about yourself when setting up your account. Supplying false information will void the services offered on the Site.
You specifically represent and warrant that your Private Information shall not include any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You specifically represent and warrant that your Private Information is not intended to encourage or coerce any other person to violate any applicable law, including the laws of wills and probate, which govern the transfer of legal title of your assets and property to your heirs.
MLW does not have the ability to open, access, scan, or read your stored content files, but does use information about the type of content (i.e., video, text, etc.) in order to enhance your experience as a user of the Service.
MLW may disclose specific contact information when we determine that such disclosure is necessary to:
1. Comply with US laws.
2. To cooperate with or seek assistance from law enforcement.
3. To protect the interests or safety of mylifeandwishes.com or other visitors to the Site or users of the Services.
Password / Security
MLW is a ‘Zero-Knowledge’ Internet based service. The only thing we know about your data is the amount of memory you are using. We cannot see your data, folder names, filenames, etc.
Your password is stored as part of the data sent on MLW servers.
When you set up an account, you first select your user name (email address) and password. This password is retrievable and is the first step of your security.
As part of the “Terms and Conditions and password policy” you alone are responsible for remembering your password, and we may not be able to help you if you forget it.
User data is also protected by a master encryption key that is securely stored. The encryption key is required to encrypt and decrypt the data, so that in the event that someone gains unauthorized access to the system they are prevented from seeing user information. At no point can anyone access the key data directly.
LOSS OF ORIGINAL CONTENT
You, the Member, understand and agree that the submission of any Content to the MLW site, and the download or upload of any material through the MLW Site is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your content, and any damage to your computer system or loss of data that may result in the download or upload of any material. MLW does not assume any responsibility for any loss, physical, or personal damage, or any other type of damage that may in any way result from the use of its services. MLW shall assume no responsibility nor liability, for damage, loss, delay or irregularity to person or property in connection with any service advertised herein or by services provided by third parties over which MLW has no control. Under all circumstances MLW (its owners, associates, agents and employees) shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, even if MLW has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
ACCEPTANCE OF BUSINESS MODEL
MLW is a service company offering its services globally. MLW has offices located in the United States. MLW reserves the right to use any of its offices for providing service to its customers. MLW reserves the right to change this service model at any time.
In order to provide its service, it may be necessary for MLW to embed information. You hereby acknowledge that this Embedded Information may be used in the future to identify the source and history of content or an image independent of the Service and that you have been informed that this Embedded Information may exist.
NO GUARANTEE REGARDING CO-OWNERS OR AUTHORIZED VIEWERS
MLW provides no guarantees or warranties regarding the actions of any Co-Owner or Authorized Viewer. You hereby acknowledge that it is possible that your Co-Owner or Authorized Viewer may not undertake the necessary steps to authorize the release of your Private Information.
You understand and agree that your account is not transferable and only your Co-Owner or Authorized Viewer will be able to access your information and will be done in accordance with the instruction/accessibility you have instructed.
These Service Terms and any Services provided hereunder will be governed by the laws of the State of Wisconsin, without regard to any laws that would direct the choice of another state’s laws and, where applicable, will be governed by the federal laws of the United States.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in this Agreement. In such case, the other provisions of this Agreement shall remain in full force and effect.
COPYRIGHT, TRADEMARKS and GENERAL USE RESTRICTIONS
Unless otherwise specified, all information appearing on the Site including documents, services, text, graphics, site design, images, logos and icons, as well as the selection and arrangement thereof, are the sole property of My Life and Wishes, Inc. , Copyright 2016. My Life and Wishes, and the My Life and Wishes Logo are registered trademarks licensed by My Life and Wishes,. All other trademarks, logos and service marks displayed on the Site are the property of their respective owners. MLW provides products, content and services through the Site, including content, trademarks, logos, graphics and images (excluding client Content) that are copyrighted works licensed to My Life and Wishes, Inc.. You agree that you have no right to copy, reproduce, edit, or modify any these materials. You agree that you have no right, title or interest in the Site or any Materials provided on the Site. All rights not expressly granted herein are reserved.
All intellectual property rights in and to the Site and the Service are owned by My life and Wishes, Inc. and are licensed to MyLifeandWishes.com. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Service or the Site are the property of their respective owners.
NO THIRD PARTY BENEFICIARIES
You hereby acknowledge and agree that there shall be no third party rights or third party beneficiaries created or conferred under this Agreement.
UNITED STATES EXPORT CONTROL
Software from the Site and the Service (the “Software”) may be further subject to United States export controls. No Software may be downloaded from the Site or the Service or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the Software, the Site, or the Service, You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree to indemnify and hold My Life and Wishes, Inc. and its officers, directors, employees, affiliates, agents, licensors and business partners harmless from and against any and all costs, damages, liabilities and expenses (including attorneys fees and costs of defense) MLW or any other indemnified party suffers in relation to or arising from a breach of your representations and warranties.
DISCLAIMER OF WARRANTIES
The Site and all products and services provided through it are provided “as is” with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. To the fullest extent permitted by law, MLW disclaims any warranties for the security, reliability, timeliness, and performance of the MLW Site or the MLW service. MLW further disclaims, to the fullest extent permitted by law, any warranties for any information or advertisement obtained through the Site.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS STATED IN THE AGREEMENT MAY NOT APPLY TO YOU.
NO REPRESENTATION REGARDING WILLS, PROBATE, OR INTESTATE SUCCESSION
MLW is not a substitute for a “WILL” or other document that governs the transfer of assets to a Member’s heirs. You hereby acknowledge and agree that using the Service does not serve as a substitute for a “WILL” and does not exempt any assets from the laws of probate and intestate succession in your jurisdiction. You hereby acknowledge and agree that MLW has not represented to you or led you to believe that by using MLW, you need not obtain independent legal advice to assist you in preparing an enforceable “WILL” or in determining your rights as an heir. MLW is not a law firm and provides no legal advice. You should consult with a qualified attorney for advice regarding the preparation of a “WILL” and the disposition of assets to heirs.
NATIONAL AND LOCAL LAWS
MLW controls and operates this Site from its headquarters in the United States of America and the service may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws, rules and regulations. This Agreement will be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Services will be filed only in the federal courts located in the State of Wisconsin, or state courts located in Madison, Wisconsin. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
This Agreement constitutes the complete and exclusive statement of agreement between you and MyLifeandWishes.com with respect to the Site and the Service and other subject matter herein and replaces and supersedes all prior written and oral agreements, including prior versions of this Agreement.