Terms of Service – Locate My Will

Please read these Terms of Service ("Terms") and our Privacy Policy ("Privacy Policy") carefully, as they govern your access to and use of our website located at www.locatemywill.com (the "Site") and any related applications, content, features, and services made available by Locate My Will, LLC ("Locate My Will," "we," "us," or "our"). For purposes of these Terms, the Site and all such offerings are collectively referred to as the "Service."

IMPORTANT NOTICE REGARDING ARBITRATION: By agreeing to these Terms, you agree—subject to limited exceptions—to resolve any dispute between you and Locate My Will, LLC through binding, individual arbitration rather than in court. Please review Section 13 ("Dispute Resolution; Binding Arbitration") below carefully for more information about arbitration.

1. Agreement to Terms

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

The Service is an online notification platform that enables individuals who create an account ("users" or "subscribers") to manage, search, and receive notifications about the location of an individual's will by a designated date and time. The Service does not store wills or allow wills to be uploaded onto the Site, verify the actual existence of any will, or validate the legality or authenticity of an individual's will.

We reserve the right to modify, suspend, or discontinue the Service at any time.

3. Eligibility to Use Service

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. By accessing or using the Service, you represent and warrant that you meet these requirements.

You further represent and warrant that any information you provide through the Service, including information relating to third parties, is submitted by you with appropriate authority or consent, and that your use of the Service does not violate any applicable law or the rights of any third party.

We reserve the right to suspend or terminate access if we reasonably believe these requirements are not met.

4. Account Registration

You will be required to create an account and provide accurate, current, and complete information.

You are responsible for:

• Maintaining the confidentiality of your account credentials.
• Ensuring that all information associated with your account is accurate, complete, and kept up to date, including names, phone numbers, and email addresses for yourself and any designated third parties.
• All activities that occur under your account or through your use of the Service in connection with the intended use of the Service.

You are responsible for ensuring that you have appropriate authority or consent to provide any third-party information to the Service.

5. Identity Verification

To access certain features of the Service, you may be required to verify your identity. Identity verification may be conducted through one or more third-party service providers using government-issued identification and related information.

You acknowledge and agree that:

• All information you provide for identity verification is accurate, current, complete, and belongs to you.
• We may use third-party service providers to verify your identity and authenticate the information you submit, and failure to provide requested or valid verification information may result in suspension or termination of your access to the Service without prior notice.
• We do not guarantee that any user's identity can or will be successfully verified. Identity verification may fail for a variety of reasons, including, without limitation, incomplete, inaccurate, expired, or illegible identification documents, inconsistencies in submitted information, or limitations, errors, or unavailability of third-party verification systems.
• In certain circumstances, and in our sole discretion, we may attempt to verify your identity through manual review. This process may require the submission of additional documentation, information, or real-time identity confirmation methods, such as a selfie or video verification. We reserve the right to approve, deny, or request additional information at any stage of the identity verification process.
• If your identity cannot be verified to our satisfaction, we may deny verification, suspend or terminate your access to certain features of the Service, limit account functionality, or terminate your account entirely, in each case without liability to you and subject to applicable law.
• Any identity verification status or indication provided through the Service reflects only that certain verification steps have been completed and does not constitute, and shall not be construed as, a representation, warranty, endorsement, or legal certification of your identity.

6. Payment

You agree that:

• You will provide accurate, current, and complete payment information.
• Payments are processed through third-party payment providers, and you authorize us to share your payment information with such providers as necessary to complete transactions.
• You are responsible for all charges incurred under your account.
• All fees are non-refundable, except where required by applicable law.

Subscription Term: Any paid subscription does not automatically renew. Your subscription will remain active until the earliest of: (i) completion of the notification service purpose associated with your subscription, or (ii) the expiration of the notification date you specify at the time of purchase or account setup.

We reserve the right to suspend or terminate access to paid features in accordance with these Terms without prior notice to you.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful, fraudulent, deceptive, or unauthorized purpose.
• Impersonate any person or misrepresent your identity or authority.
• Upload, submit, or provide false, misleading, or inaccurate information, including identification or contact details.
• Use the Service to transmit or share information about third parties without appropriate authority or consent.
• Interfere with, disrupt, or compromise the integrity, security, or performance of the Service.
• Attempt to gain unauthorized access to the Service, other user accounts, or related systems or networks.
• Use the Service in any manner that could harm Locate My Will, LLC, its users, or any third party.

We reserve the right to investigate and take appropriate legal action for any violation of this section, including suspension or termination of your account without prior notice to you.

8. Intellectual property

All content available on the Site, including, without limitation, text, data, images, audio, video, graphics, logos, icons, and other materials, as well as their selection, arrangement, and compilation, is owned by Locate My Will, LLC or its licensors and is protected by applicable U.S. and international intellectual property laws.

The content on the Site is provided for informational purposes only. You may not copy, reproduce, modify, distribute, transmit, display, perform, republish, or otherwise use any of the content without our prior written consent.

All trademarks, service marks, and logos appearing on the Site are the property of Locate My Will, LLC, or their respective owners. The absence of a trademark symbol does not constitute a waiver of any rights in such marks.

You may not use the Site or its content for any commercial purpose, including creating derivative works or exploiting the content in any form or medium. Nothing in these Terms grants you any ownership or proprietary interest in the Site or its content, except for the limited right to access and use the Site in accordance with these Terms.

You agree to comply with all applicable laws and not to use the Site in any manner that infringes the rights of any person or entity. All rights not expressly granted are reserved.

9. Termination

In addition to any other termination rights set forth in these Terms, we may suspend or terminate your access to the Service at any time, with or without notice, for any of the following reasons:

• Violation of these Terms.
• Fraudulent, unlawful, or suspicious activity.
• Compliance with legal or regulatory obligations.
• Nonpayment or failure to maintain an active subscription, as required under Sections 4 and 6.

We reserve the right to suspend or terminate access for any other reason at our sole discretion, to the extent permitted by applicable law. Upon termination, your right to use the Service will immediately cease.

10. Disclaimers

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied.

We do not guarantee:

• That the Service will be uninterrupted, secure, or error-free.
• The accuracy, completeness, or reliability of any information provided through the Service.
• That notifications will be delivered, received, or acted upon in a timely manner, or at all
• That the Service will meet your specific needs or expectations.

You acknowledge and agree that:

• The effectiveness of the Service depends on the accuracy and completeness of the information you provide.
• We do not verify or validate user-submitted information, including contact details or notification instructions.
• Notification delivery may be affected by factors outside our control, including third-party service providers, network availability, or user device settings.
• You are solely responsible for ensuring that all information associated with your account is accurate and up to date.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Locate My Will, LLC and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including, without limitation, damages for loss of data, loss of opportunity, loss of inheritance or estate benefits, missed deadlines, or other intangible losses, arising out of or relating to your use of, or inability to use, the Service.

Without limiting the foregoing, Locate My Will, LLC shall not be liable for any damages resulting from:

• Failure, delay, or inability to send, receive, or access notifications
• Inaccurate, incomplete, or outdated information provided by you or any third party
• Unauthorized access to or use of your account
• Interruptions, errors, or outages in the Service
• The acts or omissions of third-party service providers, including email, messaging, or telecommunications carriers

You acknowledge and agree that the Service is intended solely as a supplementary notification tool and does not replace proper estate planning, legal advice, or formal execution, storage, or administration of estate documents.

To the fullest extent permitted by law, the total liability of Locate My Will, LLC for any claims arising out of or relating to these Terms or the Service shall not exceed the amount you paid, if any, to use the Service in the twelve (12) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12. No Legal Advice; No Fiduciary Relationship

The Service is provided solely for informational and notification purposes and does not constitute legal advice. Locate My Will, LLC is not a law firm and does not provide legal services, estate planning advice, or guidance regarding the creation, validity, execution, storage, or administration of wills, trusts, or any other estate documents.

Your use of the Service does not create any attorney-client relationship, fiduciary relationship, or other professional relationship between you and Locate My Will, LLC. No information provided through the Service should be construed as a substitute for advice from a qualified attorney.

You acknowledge and agree that:

• You are solely responsible for obtaining independent legal advice regarding your estate planning and related matters.
• You are solely responsible for the preparation, execution, validity, and safekeeping of your estate documents.
• Any reliance on the Service as a substitute for legal counsel or formal estate planning mechanisms is at your own risk.

13. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

a. Informal Dispute Resolution (Required First Step)

Before initiating arbitration or any legal proceeding, you agree to first provide written notice of the dispute to Locate My Will, LLC, including a detailed description of the claim and the relief sought. The parties agree to make a good faith effort to resolve the dispute informally within thirty (30) days of receipt of such notice. Arbitration may not be initiated until this process is completed.

b. Agreement to Arbitrate

To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies.

c. Arbitration Rules and Administration

The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its applicable rules, including the Consumer Arbitration Rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

d. Waiver of Jury Trial and Class Actions

You and Locate My Will, LLC agree that all disputes shall be resolved on an individual basis only, and not as part of any class, collective, or representative action. You waive any right to a jury trial and to participate in a class action lawsuit or class arbitration.

e. Arbitration Procedures

Arbitration may be conducted remotely, based on written submissions, or in a mutually agreed location within the United States. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration provision.

f. Governing Law

These Terms and any dispute arising hereunder shall be governed by the laws of the State of Connecticut, without regard to its conflict of law principles, except to the extent federal law governs arbitration.

g. Time Limitation on Claims

To the fullest extent permitted by law, any claim or cause of action arising out of or related to the Service or these Terms must be filed within one (1) year after such claim or cause of action arose, or be permanently barred.

h. Fees and Costs; Frivolous Claims

Each party shall bear its own attorneys' fees and costs, except as otherwise required by applicable law or the applicable arbitration rules. However, if the arbitrator determines that any claim, defense, or argument is frivolous or brought in bad faith, the arbitrator may award reasonable attorneys' fees and costs to the prevailing party to the extent permitted by law.

i. Opt-Out Right

You may opt out of this arbitration provision by providing written notice within thirty (30) days of first accepting these Terms. If you do not opt out, this arbitration provision will be binding.

j. Severability and Survival

If any portion of this arbitration provision is found to be unenforceable, the remaining portions shall remain in full force and effect, except that if the class action waiver is found unenforceable, then the arbitration provision shall be null and void.

k. Venue Fallback

If for any reason a dispute proceeds in court rather than arbitration, you agree that such dispute shall be brought exclusively in the state or federal courts located within the State of Connecticut, and you consent to the personal jurisdiction of such courts.

14. Limitation on Remedies

To the fullest extent permitted by applicable law, any relief awarded to you for claims arising out of or relating to these Terms or the Service shall be limited to monetary damages, subject to the limitations set forth in these Terms.

You agree that:

• You will not seek or be entitled to any injunctive or equitable relief that would affect the operation or availability of the Service for other users.
• You will not seek to enjoin, restrain, or otherwise interfere with the Service on a system-wide or platform-wide basis.
• Any relief awarded shall be limited to your individual claim and shall not impact other users of the Service.
• In no event shall you be entitled to recover punitive, exemplary, or enhanced damages, except where such damages cannot be waived under applicable law.

15. Indemnification

You agree to defend, indemnify, and hold harmless Locate My Will, LLC, and its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, disputes, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service.
• Your violation of these Terms.
• Any information, content, or data you submit, provide, or transmit through the Service.
• Your failure to maintain accurate, complete, and up-to-date account information.
• Your violation of any rights of a third party, including privacy, publicity, or other proprietary rights.

Without limiting the foregoing, you agree that Locate My Will, LLC shall not be responsible for any claims arising from notifications sent based on information you provide, including but not limited to incorrect, outdated, or incomplete contact details or instructions.

Locate My Will, LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with such defense.

16. Changes to Terms

We reserve the right to modify or update these Terms at any time, in our sole discretion. If we make material changes, we will provide notice by updating the "Last Updated" date at the top of these Terms.

Any changes to these Terms will become effective immediately upon posting, unless otherwise stated. Your continued use of the Service after such changes take effect constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically to stay informed of any updates.

If you do not agree to the updated Terms, you must stop using the Service. Continued use constitutes acceptance of the updated Terms.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies incorporated by reference, constitute the entire agreement between you and Locate My Will, LLC regarding your use of the Service and supersede all prior and contemporaneous agreements, proposals, or understandings, whether written or oral, relating to the subject matter herein.

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

The failure of Locate My Will, LLC to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

18. Contact Information

If you have any questions about these Terms or the Service, please contact Locate My Will, LLC at support@locatemywill.com and/or Attn: Locate My Will, LLC, P.O. Box 14, Niantic, CT 06357.