My Wishes Terms

My Wishes Terms & Conditions Effective Date: August 23, 2021

GENERAL

Subject to these My Wishes Terms and Conditions (“Terms”), the Better Place Forests Co. (“Better Place”) My Wishes Planning Tools (the “Tools”) provide individuals (“Participants”) with questions, ideas and templates to make end of life plans and decisions at their sole discretion. The Tools may evolve, change, or be supplemented over time. At a Participant’s request, Better Place may provide information about Participant choices or wishes to family members, friends, colleagues, legal and financial advisors, or other persons (collectively, “Other Individuals”) designated by the Participant.

By (i) engaging with or using the Tools or (ii) accepting any benefits from the Tools, Participants accept these Terms and all terms incorporated by reference as described below. If Participants do not agree to be bound by these Terms, they may not and should not use the Tools.

These Terms supplement the terms of Better Place’s Terms of Use Agreement available at https://www.betterplaceforests.com/terms/ (as they may be modified from time to time), which are incorporated herein by reference (“Terms of Use”) and Better Place’s Privacy Policy available at https://www.betterplaceforests.com/privacy/ (as it may be amended from time to time) which are incorporated herein by reference (“Privacy Policy”). To the extent applicable, these Terms supplement the Better Place’s Referral Program Terms & Conditions available at https://www.betterplaceforests.com/referral-program-terms/ (as they may be modified from time to time), which are incorporated herein by reference (“Referral Terms”). In the event of a conflict between these Terms and Better Place’s Terms of Use, Better Place’s Privacy Policy , and the Referral Terms, these Terms control with respect to the Tools.

Engagement or use of the Tools by Participant is offered at the sole discretion of Better Place and is subject to compliance with these Terms. BETTER PLACE MAY LIMIT, SUSPEND, OR TERMINATE PARTICIPANTS’ OR OTHER INDIVIDUALS’ ABILITY TO ENGAGE WITH OR USE THE TOOLS IN ITS SOLE AND ABSOLUTE DISCRETION AT ANY TIME WITH OR WITHOUT PRIOR NOTICE TO THEM.

PARTICIPANTS AND OTHER INDIVIDUALS UNDERSTAND AND AGREE THAT IF THEY ENGAGE WITH OR USE THE TOOLS, EVEN IF SUCH TOOLS ARE PROVIDED AS A ‘BETA’ OR ‘TRIAL’ TOOL, THE TOOLS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ENGAGEMENT WITH OR USE OF THE TOOLS IS AT THE SOLE RISK OF THE PARTICIPANT OR OTHER INDIVIDUALS.

ELIGIBILITY

Eligibility to engage with or use the Tools as a Participant or Other Individual is open only to individuals who are residents of the United States and at least eighteen (18) years of age at the time of participation.

TOOL INFORMATION

The Tools provide Participants with information that allows Participants to think about their end of life, make plans if they wish, and create and document their “wishes”. The Tools enable Participants to make their own choices at their discretion.

The Tools do not produce a will and testament or trust and are not a binding contract (including, without limitation, a contract for funeral services) among any party. Participants are encouraged to reach out to an attorney to learn more about legally documenting their final wishes, including the distribution of their assets. Better Place is not a licensed funeral service provider.

PROVIDER CONTENT

Provider Content means any words, pictures, images, data, information or any other ‘user-generated content’ that you share or input via the Tools. Provider grants Better Place the non-exclusive, worldwide right to use, copy, store, transmit and display Provider Content and to modify and create derivative works of Provider Content (for reformatting or other technical purposes) to provide the Tools and any support to Provider under these Terms. Better Place may use, reproduce, publicize, or otherwise exploit Aggregate Data in any way. (“Aggregate Data” refers to Provider Content with the following removed: personally identifiable information and the names, addresses, or email addresses of Providers or any Other Individuals.)

CONTACT INFORMATION

By providing Other Individuals’ contact information to Better Place for the purpose of Better Place providing them information about choices Participants have made, Participants represent and warrant that (i) Other Individuals are at least eighteen (18) years of age at the time of participation, (ii) Participants have received prior consent from Other Individuals to provide their email address to Better Place for the purposes of receiving information about Participant choices, (iii) unless Participants advise otherwise in writing, Participants allow Better Place to share Participant choices with Other Individuals again should Other Individuals request us to provide them information about Participant choices in the future, and (iv) Participants have or will advise Other Individuals that the information provided by Better Place is not legally binding. Participants agree to indemnify and hold harmless Better Place for any claims or other liability arising from their breach of the foregoing representations.

Better Place reserves the right, in its sole discretion, not to share information about Participant choices to any individual where Better Place deems a Participant to be in violation of these Terms.

ADDITIONAL TERMS

Better Place will not be liable for the failure of any information to be sent to another individual for any reason, including, but not limited to, any technical malfunction or other problems relating to any network, computer system, servers, access providers, computer equipment or software.

Better Place reserves the right, in our sole and absolute discretion, to (i) investigate, cancel, invalidate, and revoke any access to information we deem to have been issued in error, or as the result of any violation of these Terms, Better Place’s Terms of Use, or applicable law or as the result of any actual or suspected fraudulent or improper activity (including without limitation, the use of any system, macro, script, bot or fake email address to manipulate the Tools) and (ii) bar further access to information from being sent on behalf of any individuals associated with any actual or suspected fraudulent or improper activity or violations of these Terms, Better Place’s Terms of Use, or applicable law.

Any disputes related to these Terms and the subject matter herein will be resolved pursuant to the dispute resolution terms of Better Place’s Terms of Use. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. Participants may not assign any rights or obligations under these Terms, in whole or in part, without the written consent of Better Place. Better Place may freely assign or transfer these Terms. Any assignment or transfer in violation of the foregoing is void. These Terms are the final, complete and exclusive Terms between Participants and Better Place with respect to the subject matters hereof and supersedes and merges any discussions between Participants and Better Place with respect to such subject matters. If Participants are dissatisfied with any aspect of the Tools at any time, their sole and exclusive remedy is to cease engagement with or use of the Tools.

RIGHT TO REMOVE TOOLS AND CHANGE TERMS

BETTER PLACE RESERVES THE RIGHT TO MODIFY AND/OR TERMINATE THE TOOLS AND/OR MODIFY ALL OR ANY PORTION OF THESE TERMS OR ANY POLICY PERTAINING TO THE TOOLS AT ANY TIME AND IN OUR SOLE DISCRETION. IF WE MAKE CHANGES, WE WILL POST THE AMENDED TERMS IN OUR DOCUMENTATION AND/OR ASSOCIATED WEBSITES. WE MAY ALSO ATTEMPT TO NOTIFY PARTICIPANTS AND OTHER INDIVIDUALS IN OTHER WAYS. UNLESS WE SAY OTHERWISE, THE AMENDED TOOLS TERMS WILL BE EFFECTIVE IMMEDIATELY AND CONTINUED ENGAGEMENT OR USE OF THE TOOLS AFTER THE AMENDED TERMS ARE POSTED WILL CONFIRM ACCEPTANCE OF THE CHANGES. IF PARTICIPANTS DO NOT AGREE TO THE AMENDED TOOLS TERMS, THEY MUST STOP ENGAGING WITH OR USING THE TOOLS.

QUESTIONS?

For any questions about the Tools or these Terms, please contact us at [email protected].