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Terms of Service

Welcome to WillSitter.com!


By using WillSitter.com, you acknowledge that you have read and agreed to be bound to these Terms of Service and, second, that you agree to be bound by all applicable laws and regulations. Please do not use this website if you disagree with the Terms of Service. 


The following meanings shall apply in these Terms of Service: “Site” refers to any website made available by WillSitter.com. “Services” refers to the Site and all services, self-help documents, forms, and templates provided by WillSitter.com. “WillSitter.com,” “we,” “us,” and “our” refer to WillSitter.com LLC (the owner and operator of www.willsitter.com) and our affiliates (including officers, directors, employees, consultants, agents, and representatives). “You" and “your” refer to each customer, visitor, or user of any Services. Suppose you access or use the Services for a company, organization, or other entity. In that case, ( a ) “you” and “your” also refer to that entity, ( b ) you represent and warrant that you are an authorized representative of the entity with authority to bind the entity to these Terms of Service, and ( c ) you agree to these Terms of Service on the entity’s behalf. “Will” refers to your most recently updated, signed, witnessed, and adequately notarized Last Will and Testament. “Representative” refers to the person or entity that You appointed as the Personal Representative/Executor/Executrix in charge of managing the execution of your Will. “The Plan,” “Plan” refers to the End-of-Life document comprised of, but not limited to, the following: your Will, your Pet Directives (if applicable), your List of Assets and Liabilities, etc.


By creating an account on the Site, contacting us via email, or providing your email address, you consent to receive emails or other electronic communications. You agree that all agreements, notices, disclosures, and other communications WillSitter.com may provide to you electronically, via email, iMessage, or SMS, by regular mail, or by postings on our website and/or the Service and on the Site satisfy any legal requirement that such communications be in writing.


WillSitter.com is a digital commerce website provider of the Service, which allows You access and means of purchasing memberships to electronically store, maintain, process, enable the monitoring of your travels (depending on your choice of membership), and only upon your passing, electronically notify and forward to your Representative, for the timely execution of your Plan, the following, but not limited to, documents: your Plan, your Last Will, and Testament (herein “will”), your Pet Directives (if applicable), your List of Assets and Liabilities, etc., and makes it accessible to you and your designated representative, on compatible devices and computers, only under the terms and conditions outlined in this Agreement.


The Representative must be the one you have already appointed in your Will. Upon completing your membership enrollment, your Representative Will be notified of their designation as such.


Because you can no longer own property upon death, everything held at death must be legally transferred to living beneficiaries. A Representative must be in place to manage this transfer. The Representative does not necessarily need to be an attorney (it could be your spouse, child, or best friend). However, it must meet the following criteria: 

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  • be at least 18 years old, 

  • be mentally and physically capable of serving (that is not judged incapacitated by a court) and 

  • cannot have any felony convictions.

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Complex estates require skilled executors who can manage duties without getting emotionally involved. So, it is best to consult an estate attorney in these cases.


As provided below, by agreeing to these Terms of Service, You agree that any dispute arising from the use of WillSitter.com materials and services will be decided in binding Arbitration following the terms and conditions provided below. No disputes will be decided by any court, jury trial, or class action other than the Arbitration tribunal hereby indicated in the Terms of Service unless one of the exceptions applies.

 

YOU AGREE THAT BY USING THE SERVICES, YOU ARE AT LEAST 18 YEARS OF AGE AND LEGALLY ABLE TO ENTER INTO A CONTRACT.


Modifications to Terms of Service


If we modify these Terms of Service, we will either post the modification on the Site and provide you with notice. We will also update the "Last Updated" date at the bottom of these Terms of Service. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services. If you find these Terms of Service unacceptable or do not agree to these Terms of Service, please do not access the Services.

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Additional Terms and Policies


Your use of our site, any Services we offer, and our offering of any Services to you may also be subject to additional terms or policies, including our Privacy Policy. We may offer Services subject to additional terms and policies specific to those Services. By using any such Services, you acknowledge that you have read and agreed to be bound by any other terms and policies besides these Terms of Service.

 

Disclaimer


WILLSITTER.COM IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE. WHILE WILLSITTER.COM STRIVES TO ENSURE THAT ITS AUTOMATED SERVICES ARE COMPLETE, THEY ARE MEANT PURELY AS SELF-HELP FORMS. THE MATERIALS AND SERVICES ARE NOT SUBSTITUTES FOR THE ADVICE OF AN ATTORNEY. 


NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH THE USE OF WILLSITTER.COM. ANY AND ALL COMMUNICATIONS BETWEEN YOU AND WILLSITTER.COM ARE PROTECTED BY OUR PRIVACY POLICY BUT NOT ATTORNEY-CLIENT PRIVILEGE. 


WillSitter.com is not a law firm and does not provide any legal advice. As part of our Services, we offer self-help, "fill in the blank" forms. If you buy or download a form on the Site, the Terms of Service control. You understand that your purchase, download, and/or use of a form document is neither legal advice nor the practice of law. Our Services are not substitutes for the advice of an attorney, and if you need legal advice for your specific matter or if your matter is too complex to be addressed by our tools, you should consult a licensed attorney in your area. At no time is an attorney-client relationship or any other special relationship created between you and WillSitter.com or any employee or other person associated with WillSitter.com, and any information you provide us is not protected by the attorney-client privilege or as a work product. You are and will be representing yourself in any matter you undertake using the Services. 


We provide online tools and materials to assist you with the preparation, execution, and storage of your own Plan, legal documents, and related information. We strive to keep the documents and other materials available through the Services, including any descriptions, information, and other help resources (collectively, the Plan), current and up-to-date; however, they are not legal advice and are not guaranteed to be correct, complete, or up-to-date. The law changes rapidly and differs from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is personal, and no general information or legal tool like the kind we provide can fit every circumstance. We do not review the Document Materials or any information you input for accuracy or sufficiency, draw legal conclusions, provide legal advice, or apply the law to the facts of your particular situation. You understand that our providing of the Services to you is neither legal advice nor the practice of law and that the Document Materials are not customized to your needs. Therefore, if you need legal advice for your specific problem, or if your problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area. 


If, before your use of any legal document, you believe that WillSitter.com gave you any legal advice, opinion, or recommendation about your legal rights, remedies, defenses, options, selection of forms or strategies, you must not use these documents, and any use of these documents is done at your own risk. 
 

YOU UNDERSTAND THAT ANY WILLSITTER.COM ERROR REVIEW IS AN AUTOMATED PROCESS THAT IS LIMITED TO COMPLETENESS, SPELLING, AND FOR INTERNAL CONSISTENCY OF NAMES, ADDRESSES, AND THE LIKE. IT IS ON A BEST-EFFORT BASIS AND IS NOT COMPREHENSIVE. YOU AGREE TO READ THE FINAL DOCUMENT(S) BEFORE SIGNING THEM AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).

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User Interaction and User Content


You are solely responsible for your interactions with other users of the Services. You are also solely responsible for the content you upload to our servers, and by using our products and services, you agree to abide by the rules related to any content you upload to or generate about your WillSitter.com account. We reserve the right, but have no obligation, to monitor disputes and interactions between you and other users. WillSitter.com shall have no liability for your interactions with other users or for any user's action or inaction. 

 

You may also submit or upload documents and content onto the WillSitter.com platform within your private WillSitter.com account to be stored on our internal servers (“Account Content”). You retain ownership of your Account Content and may remove any content you upload to WillSitter.com’s secure servers anytime. You agree to abide by the terms and conditions regarding the type of Account Content you may permissibly upload to the WillSitter.com Platform. 


You agree not to post User Content or Account Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content or Account Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity, and privacy. You acknowledge and agree that any User Content you post may be displayed and disclosed to other users as permitted through the functionality of the Services. WillSitter.com reserves the right but is not obligated to edit, remove, re-categorize, pre-screen, reject, and/or otherwise modify any User Content or Account Content that WillSitter.com believes violates these provisions in its sole discretion. You understand that publishing your User Content on the Services is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization. 


For these Terms of Service, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction. 


In connection with your User Content and Account Content, you affirm, represent, and warrant the following: 
Your User Content, Account Content, and WillSitter.com's use as contemplated by these terms of service and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.


WillSitter.com may exercise the rights to your User Content granted under this terms of service without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. 


To the best of your knowledge, all your User Content, Account Content, and other information you provide us are truthful and accurate. 


WillSitter.com takes no responsibility and assumes no liability for any User Content or Account Content that you or any other user or third party posts or sends over the Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. You agree that WillSitter.com shall not be liable for any damages you may incur due to User Content. 


WillSitter.com has no obligation to publish, display, promote, or use any User Content. We have the right, but not the obligation, to monitor User Content, and we may remove, redact, append, or modify User Content at any time, for any reason (or for no reason at all). We will not be liable in any way for any User Content submitted or posted. We will not be liable for any third party’s use or access of any User Content, and you acknowledge that User Content you post or submit may be made accessible to third parties that are not subject to the control of WillSitter.com and whose actions will not create any liability for WillSitter.com. If we publish or post User Content, we may include your name in connection with such publication or posting. By submitting or posting any User Content, you grant WillSitter.com the right to use your name and/or user name in connection with the publication or posting. 


By posting any User Content on the Services, you expressly grant, and you represent and warrant that you have a right to grant, to WillSitter.com a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and any form, media or technology, whether now known or hereafter developed, for use in connection with the Services. You also now grant each user of the Services a non-exclusive license to access your User Content through the Services and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Services and under these Terms of Service. 


We will try to delete your User Content quickly upon request. Please note, however, that there might be latency in deleting User Content from our servers, and backed-up versions might exist after deletion. In addition, we do not delete User Content from our servers that you have in common with other users. Your request to delete your User Content does not affect the rights and licenses granted to WillSitter.com under these terms of service. We may retain and use your User Content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.


WillSitter.com and its partners and licensors may provide certain features or Services that rely upon device-based location information using GPS (or similar technology, where available) and crowdsourced Wi-Fi access points and cell tower locations. To provide such features or Services, where available, WillSitter.com and its partners and licensors must collect, use, transmit, process, and maintain your location data, including but not limited to the geographic location of your device and information related to your WillSitter.com account (“Account”) and any devices registered thereunder, including but not limited to your WillSitter.com ID, device ID and name, and device type.

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Rights


Except as provided in these Terms of Service, WillSitter.com retains all rights in the Services. Except for your User Content, the Services, and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "WillSitter.com Content"), and all Intellectual Property Rights related to it, are the exclusive property of WillSitter.com and its licensors. Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the WillSitter.com Content or materials on the Services for any purpose not expressly permitted by these Terms of Service is strictly prohibited. 


You may choose to, or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place WillSitter.com under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation to you and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, WillSitter.com does not waive any rights to use similar or related ideas previously known to WillSitter.com, developed by its employees, or obtained from sources other than you.

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Limited License


WillSitter.com grants you a limited license. Subject to your compliance with these Terms of Service, you are now granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as designed and outlined. WillSitter.com reserves all rights not expressly granted in the Services and the WillSitter.com Content (as defined below). WillSitter.com may terminate this license at any time for any reason or no reason. 


Subject to the other provisions of these Terms of Service, WillSitter.com grants you permission to download, view, copy, and print Document Materials on any single, stand-alone computer or device (or, for Microsoft Agave users, one copy of the Application on up to five devices affiliated with your Marketplace Windows Live ID account) solely for your personal, informational, non-commercial use. You agree that you will not download, view, copy, print, replicate, or modify the Document Materials in whole or part other than authorized editing or in the course of making a document accurate or effective for your actual individual use of the document for the purpose for which that kind of document exists. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Service. Upon any such termination, you agree to destroy any downloaded or printed document materials immediately and cease using the service. Any unauthorized use of any Document Materials contained on the Site or available through the Services may violate copyright laws, trademark laws, laws of privacy and publicity, and communications regulations and statutes.

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Prohibited Activities


You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system to access the Services in a manner that sends more request messages to the WillSitter.com servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that WillSitter.com grants the operators of public search engines revocable permission to use spiders to copy materials from publicly accessible web pages at willsitter.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.

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Change of Service


We retain the right to change or stop providing Services and features. Without prior notice, we may change the Services, stop providing the Services or features of the Services, or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms of Service or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service. Any data, account history, and account content residing on the servers running the Services may be deleted, altered, moved, or transferred at any time for any reason at WillSitter.com's sole discretion, with or without notice and with no liability. WillSitter.com does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on the servers running the Services.

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Payment


You agree to pay us following our terms of sale. Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment, billing, and refund policies applicable to such fees and charges. WillSitter.com may add new services for additional fees and charges or amend them for existing services at any time at its sole discretion. You authorize WillSitter.com to charge your credit card for all fees and charges incurred using the Services, including WillSitter.com’s government taxes and other third-party fees. 


If you register with us, you may cancel your account at any time; however, there are no refunds for cancellation. All purchases are final, and refunds are discretionary and may be considered on a case-by-case basis following our refund policy. Suppose WillSitter.com suspends or terminates your account or these Terms of Service. In that case, you understand and agree that you shall receive no refund or exchange for any WillSitter.com Content, any unused time or service on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else. 
You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to any such purchases, transactions, or other monetary transaction interactions.


By purchasing Services, you agree to communicate with WillSitter.com promptly about any charges, fees, or other amounts invoiced to you that you believe are in error. You further agree not to seek a chargeback on any credit card payments made to WillSitter.com. If you initiate a chargeback, you agree that WillSitter.com may, in its sole and absolute discretion, commence a chargeback fee of $100 in addition to any amounts incurred by WillSitter.com in collecting the amounts charged back.

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Subscriptions, Renewal, and Billing


We may offer Services as a one-time purchase and/or Services on a subscription basis. Suppose you elect to use Services offered on a subscription basis. In that case, your initial purchase will provide you access to the Services for an “Initial Service Period,” typically equal to one year. Your paid subscription will automatically renew at the end of the Initial Service Period and annually thereafter. Your payment method will be charged upon each renewal of your paid subscription. 


We may send a courtesy reminder to your account’s email address before automatic renewal. Unless required by applicable law, we are not required to provide such notice. You agree that your failure to read, your failure to receive, or our failure to send any such notice creates no liability for us or any right to rescind an automatic renewal payment. 


If you wish to cancel the automatic renewal of your paid subscription, you must cancel your membership through your account. You may request assistance with canceling your membership by emailing admin@willsitter.com. Any cancellation must occur at least one day before the next automatic renewal. There are no refunds for any unused portion or time remaining in a subscription. We may change the renewal price for your paid subscription at any time upon notice to you. Any changes made will only take effect upon the next automatic renewal following the provision of notice to you regarding the change in renewal price. If you do not wish to renew at the changed renewal price, you must cancel your membership through your account or by providing notice to admin@willsitter.com. Any cancellation must occur at least one day before the next automatic renewal. 


You agree that we may store your payment method and related payment information. You authorize us to charge your payment method for any automatic renewal payments automatically. You may update your payment method through your account or contact us at admin@willsitter.com. Suppose any attempt to charge your payment method is unsuccessful or the automatic renewal payment fails for any reason. In that case, we may suspend or terminate your access to the Services without notice.

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Risk and Consent


You provide us with your data at your own risk and consent for us to process it in the United States. We care about the privacy of our Users. You can view our privacy policy at www.willsitter.com/privacy. You consent to have your personal data collected, used, transferred to, and processed in the United States, including the potential capture of your keystroke and page-specific input data using session replay technology for customer service and product optimization purposes. By using the site, you acknowledge that your interaction with the site may be recorded for quality assurance purposes. We have implemented commercially reasonable technical and organizational measures to secure your personal information from accidental loss and unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You agree to provide your personal information and other data to WillSitter.com at your own risk.


Security and Shared Access


You must ensure the security and integrity of your account. When you open an account to use or access certain Services or provide us with information about a purchase or transaction, you must provide accurate, complete, and current information. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You are solely responsible for the activity on your account. You share access to your documents at your own risk. You must keep your account password secure and may not use a third-party account anytime. WillSitter.com shall not be liable for any losses you incur due to someone else's use of your account. You may be held liable for any losses incurred by WillSitter.com due to someone else's use of your account.

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DMCA Notice


We respect content owner rights, and it is WillSitter.com's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (DMCA). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify WillSitter.com's copyright agent as outlined in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: 

 

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 

  • Identification of the copyrighted work that you claim has been infringed; 

  • Identification of the material that is claimed to be infringing and where it is located on the Services; Information reasonably sufficient to permit WillSitter.com to contact you, such as your address, telephone number, and e-mail address; 

  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; 

  • A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner. 

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The above information must be submitted to the following: DMCA Agent, WillSitter.com, 2125 Biscayne Blvd, Ste 204 #10967, Miami, Florida 33137.


UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEY'S FEES. 


Please note that this procedure is exclusively for notifying WillSitter.com and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with WillSitter.com's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. 


Under the DMCA and other applicable laws, WillSitter.com has adopted a policy of terminating members deemed repeated infringers in appropriate circumstances and at WillSitter.com's sole discretion. WillSitter.com may also, at its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

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Third-Party Services


The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities not owned or controlled by WillSitter.com. WillSitter.com does not endorse or assume any responsibility for third-party sites, information, materials, products, or services. If you access a third-party website from the Services, you do so at your own risk, and you understand that these Terms of Service and WillSitter.com's Privacy Policy do not apply to your use of such sites. You expressly relieve WillSitter.com from any liability for using any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods and any other terms (such as warranties), are solely between you and such advertisers. You agree that WillSitter.com shall not be responsible for any loss or damage relating to your dealings with such advertisers.

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YOU INDEMNIFY US


You agree to defend, indemnify and hold harmless WillSitter.com and its agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Service, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Services with your unique username, password or other appropriate security code.

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NO WARRANTY


THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WILLSITTER.COM OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE PRECEDING, WILLSITTER.COM AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS. 


WILLSITTER.COM DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WILLSITTER.COM SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WILLSITTER.COM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

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LIMITATION OF LIABILITY


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WILLSITTER.COM, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICES. UNDER NO CIRCUMSTANCES WILL WILLSITTER.COM BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OF YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WILLSITTER.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES OF CONTENT; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. WILLSITTER.COM EXPLICITLY DISCLAIMS ANY AND ALL LIABILITY AND/OR RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION THAT MAY BE DEEMED CONFIDENTIAL BY YOU OR ANY THIRD PARTY. IN NO EVENT SHALL WILLSITTER.COM, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO WILLSITTER.COM HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WILLSITTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE PRECEDING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.

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Geography


WillSitter.com Services are directed to users in the United States. The Services are controlled and operated from the United States. WillSitter.com makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident outside the United States, of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.

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Assignment


These Terms of Service are assignable only by WillSitter.com. These Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by you but may be transferred or assigned by WillSitter.com without restriction.

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Controlling Law and Jurisdiction


You agree that (i) the Services shall be deemed solely based in Florida, and (ii) the Services shall be deemed passive and do not give rise to personal jurisdiction over WillSitter.com, either specific or general, in jurisdictions other than Florida. You expressly agree that your rights and obligations, these Terms of Service, and any disputes shall be governed by and interpreted following the laws of Florida, excluding its choice of law rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and WillSitter.com that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction in Miami-Dade County, Florida, unless submitted to arbitration as outlined in the following paragraph. The preceding sentence shall not apply to North Carolina consumers. You also acknowledge and agree that you and WillSitter.com each waive the right to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and WillSitter.com otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. This waiver of the right to participate in a class action lawsuit shall not apply concerning a consumer who engages in an offering made to AARP members.

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Dispute Resolution


You and WillSitter.com agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services or use of the Site (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and WillSitter.com are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and WillSitter.com otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms of Service.

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Arbitration Rules and Governing Law


The arbitration will be administered by the American Arbitration Association (AAA) following the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the "AAA Rules") in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at https://www.adr.org/active-rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

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Arbitration Process


A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form of Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Florida and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. Suppose the parties cannot agree upon an arbitrator within seven (7) days of the Demand for Arbitration delivery. In that case, the AAA will appoint the arbitrator under the AAA Rules.

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Arbitration Location and Procedure


Unless you and WillSitter.com otherwise agree, the arbitration will be conducted in the county where you reside. Suppose your claim does not exceed $10,000. In that case, the arbitration will be conducted solely based on documents you and WillSitter.com submit to the arbitrator unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, the AAA Rules will determine your right to a hearing. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

 

Arbitrator's Decision


The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above regarding the types and the amounts of damages for which a party may be liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and to the extent necessary to provide relief warranted by the claimant's claim. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law. 

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Fees


Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as outlined in the AAA Rules. However, suppose your claim for damages does not exceed $10,000. In that case, WillSitter.com will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards outlined in Federal Rule of Civil Procedure 11(b)).

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Changes


Notwithstanding the provisions of the "Modifications to Terms of Service" section above, if WillSitter.com changes this "Dispute Resolution" section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or the date of WillSitter.com's email to you notifying you of such change. By rejecting any change, you agree that you will arbitrate any Dispute between you and WillSitter.com following the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

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Tax Advice Disclosure


WillSitter.com does not provide tax advice of any type or for any purpose. Any information regarding taxes in any communication from WillSitter.com is intended only for general education and is not to be construed or relied on as tax advice. Although WillSitter.com does not provide any tax advice, we do provide this disclosure to comply with requirements imposed by the Internal Revenue Service under Circular 230: We inform you that any U.S. federal tax advice contained in any communication from WillSitter.com is not intended or written to be used, and cannot be used, for purposes of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing, or recommending to another person any matters addressed therein.

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Financial Advice and Features Disclosure


WillSitter.com does not provide any Financial Advice of any type for any purpose. Any financial information presented through the site or services is intended for educational purposes only and is not to be construed as or relied upon as financial advice. WillSitter.com is not responsible for and does not guarantee the accuracy or validity of any financial insights offered through a third-party integration on our website. For example, our product may allow for integration with home ownership data, including the estimated value of your real estate. WillSitter.com cannot guarantee the accuracy of any data provided through a 3rd party integration on our website. Any graphics or content regarding your financial assets presented within the WillSitter.com tools and services are intended solely for informational purposes. It may not represent an accurate picture of your finances or financial health.

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For North Carolina Consumers


We provide watermarked blank document templates upon request. To request such templates, please write to us at WillSitter.com LLC., 2125 Biscayne Blvd, Ste 204 #10967, Miami, Florida 33137, specifying which document templates you request. We have a consumer satisfaction process to address any questions or concerns regarding our Services. You may raise any questions or concerns by emailing us at admin@willsitter.com.

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Access to a Deceased Member’s Account


WillSitter.com is committed to maintaining the privacy of its members and safeguarding member information stored by WillSitter.com. In the unfortunate event of a member’s death, WillSitter.com will provide access to a WillSitter.com member’s account following an acceptable legal document that shows you have the authority to act on behalf of the member. If you have such a legal document, please contact us at admin@willsitter.com to help you access a deceased member’s account.

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Notification Procedures


WillSitter.com may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by WillSitter.com in our sole discretion. WillSitter.com reserves the right to determine the form and means of providing notifications to our users. WillSitter.com is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend adding admin@willsitter.com to your email address book to ensure you receive email notifications from us. 


Our offices are located at 2125 Biscayne Blvd, Ste 204 #10967, Miami, Florida 33137.

 

Severability


This is our entire agreement; the remaining provisions are valid if any portion is deemed invalid. With any amendments and any additional agreements you may enter into with WillSitter.com in connection with the Service, this Agreement shall constitute the entire agreement between you and WillSitter.com concerning the Services. Suppose any provision of this Agreement is deemed invalid by a court of competent jurisdiction. In that case, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. 


No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and WillSitter.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. 

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ELECTRONIC CONTRACTING


Your use of the Service includes entering into agreements and/or making transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. To access and retain your electronic records, you may be required to have specific hardware and software, which are your sole responsibility.


Effective as of January 1, 2024,


Last Revised: January 1, 2024

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