Terms and Conditions of Use Agreement

By using Caring Advocates' MyLastWishes.org Program, you confirm that you have read, understand and agree to all of the following:

  • You may update any or all of your Advance Care Planning documents or any other stored documents/videos/audios that you create using MyLastWishes.org Program as you deem necessary and appropriate.
  • You, your estate and your heirs will not hold Caring Advocates, a 501(c)(3) non-profit organization (hereinafter Caring Advocates), or any officer, director, employee, representative, or agent of Caring Advocates liable for any loss, injury, or claims of any kind including, without limitation, any such loss, injury, or claim resulting from your failure to update your MyLastWishes.org Program account.
  • Caring Advocates takes no responsibility for, and disclaims any and all liability arising from, any inaccuracies in your MyLastWishes.org Program account.
  • Each medical treatment provider will follow its own institutional procedures with regard to making decisions about care and treatment that may or may not conflict with your wishes as expressed in your Advance Care Planning documents or any other stored documents/videos/audios contained in your MyLastWishes.org Program account; therefore, Caring Advocates does not guarantee that medical treatment providers will access and/or follow your wishes as expressed in your MyLastWishes.org Program account in any particular situation.
  • Caring Advocates is not making any representation or warranty regarding the validity or enforceability in any particular jurisdiction of your Advance Care Planning documents or any other stored documents/videos/audios created and saved in MyLastWishes.org Program.
  • Caring Advocates' sole responsibility is to store and furnish your Advance Care Planning documents or any other stored documents/videos/audios in the MyLastWishes.org Program in accordance with these Terms and Conditions. Caring Advocates has no implied duties or obligations and will not be charged with knowledge or notice of any information not specifically set forth in your Advance Care Planning documents or any other stored documents/videos/audios or your personal information. Caring Advocates may rely on any instrument not only as to its due execution, validity, and effectiveness, but also as to the truth and accuracy of any information contained in the instrument that Caring Advocates in good faith believes to be genuine, and to have been signed or presented by the person claiming to have signed it.
  • Your Advance Care Planning documents or any other stored documents/videos/audios contained in MyLastWishes.org Program may not be available to you or to medical treatment providers all the time due to system failures, backup procedures, maintenance, and/or other causes beyond the control of Caring Advocates.
  • Access to your Advance Care Planning documents or any other stored documents/videos/audios stored in MyLastWishes.org Program is provided on an "as-is, as-available" basis; it is not guaranteed that any medical treatment providers or you will be able to access MyLastWishes.org Program at any particular time.
  • You understand that MyLastWishes.org Program is intended to help you store your Advance Care Planning documents or any other documents/videos/audios, but that you should not rely solely on MyLastWishes.org Program to provide you with all the information you might need in order to create your documents. By using this website, you expressly acknowledge that you are not relying on the information provided by MyLastWishes.org Program to create your Advance Care Planning documents or any other stored documents/videos/audios, and you agree that Caring Advocates and its officers, directors, agents, representatives, employees, and independent contractors will not be liable for any decisions that you make using MyLastWishes.org Program.
  • Authorized Access: Some areas of this site may be visited by any member of the public, subject to the terms of this agreement. Some areas of this site can only be properly accessed by you or people you authorize by providing your private password. Only you, people you authorize or healthcare providers with a legitimate need to know enter passwords, source codes, identification data, etc., at those pages, or view any information normally and properly accessed via those pages as designated solely by you. Persons duly authorized by you may access any page or data on this site, and such persons are bound by confidentiality agreements to keep non public information confidential.  Access to any portion of this site in excess of the authority provided here is a violation of federal criminal law and also gives rises to civil liability. We may terminate your access to the website or any part of it at any time with or without notice, in our sole discretion.
  • By joining in the MyLastWishes.org Program, you authorize Caring Advocates to release all medical and other confidential information about you, in emergencies, and to other health care personnel you designate. Caring Advocates relies upon the accuracy of the information you provided. You therefore agree to defend, indemnify and hold Caring Advocates (including its employees, officers, directors and agents) harmless from any claim or lawsuit brought by you or others for injury, death, loss or damages arising in whole or in part out of your provision of incomplete or inaccurate information in the MyLastWishes.org Program.
  • No Medical Advice: MyLastWishes.org Program's website is not intended to be a substitute for professional medical advice. Do not use information from the website to diagnose or treat a health condition or disease without consulting a qualified health care provider. Content on the website is not intended to be instructional for medical advice, diagnosis or treatment. The Content should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual or as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly.
  • No Legal Advice: The materials on the publicly available sections of MyLastWishes.org Program's website are for illustrative purposes only. Neither the entire website, nor any portions thereof are intended to serve as legal advice regarding any particular situation. Competent professional counsel should be consulted for any legal planning and advice. Each state's laws may include separate requirements for advance directives, healthcare powers of attorney, and similar documents. Each page on this website is included with the understanding and agreement that neither the authors of same, nor MyLastWishes.org Program (if the Program is not the author) are engaged in rendering legal services. If legal or other expert assistance is required, the services of a competent professional should be sought. The user assumes all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use or reliance of any information found on the MyLastWishes.org Program's website.
  • Caring Advocates takes no responsibility for defects in software, communication lines, virtual private networks, the Internet or Internet service providers, computer hardware or software, or any other service or device that you or any medical treatment providers use to access MyLastWishes.org Program.
  • Disclaimers: Caring Advocates takes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of your data or data on this site. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems. We are not responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the web site or the site or any content posted on the web site or transmitted to anyone, or any interactions between users of the web site, whether online or offline.
  • THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND TITLE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
  • Limitation on Liability: Except in jurisdictions where such provisions are restricted, in no event will Caring Advocates be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the web site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Caring Advocates' liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to $100.00.
    Under no circumstances shall Caring Advocates or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or inability to use, the Site. This limitation on damages includes but is not limited to damages that result from reliance by you on any information obtained from the Site, or from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance (whether or not resulting from acts of God), communications failure, theft, destruction, or unauthorized access to MyLastWishes.org Program's records, programs, or services. This paragraph applies to all content and services and software available through this site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states (if their law is deemed to apply) liability is limited to the fullest extent permitted by law.
    This site, including all content, software, and information made available on this site, is provided "as is." Caring Advocates, its employees, or agents make no representations or warranties of any kind whatsoever for the content of this site, for information made accessible by the software used herein, or for any products or services or hypertext links to third parties and disclaims any expressed or implied warranties, including without limitation, non-infringement, fitness, security, or merchantability for a particular purpose. Please note that Caring Advocates is not responsible for the content or activities associated with any site or entity that is linked to this site.
  • Indemnification: You hereby indemnify and hold harmless Caring Advocates and MyLastWishes.org Program and its directors, officers, employees, control persons, vendors, licensors and agents, from and against any and all claims, actions, proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorney's and experts' fees and costs) arising out of or related to (i) any use or access by you (or on your behalf) of the website; (ii) any breach by you of any agreements, or representations and warranties contained in these terms and conditions, (iii) any access to or use of the website by you in violation of any rights of the Registry or any third party, including, but not limited to, copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, (iv) any access to or use of the website by you in violation of any applicable law, rule or regulation, or (v) any unauthorized access of, or through, the website to any computer system.
  • In no event will Caring Advocates be liable for incidental, indirect, special, consequential, or punitive damages. Caring Advocates will not be obligated to take any legal action or commence any proceeding in connection with your MyLastWishes.org Program account, Advance Care Planning documents or any other stored documents/videos/audios, or to appear in, prosecute, or defend any such legal action or proceeding.
  • Caring Advocates and its affiliates monitor activity on MyLastWishes.org Program in order to protect the privacy of our enrollees. Unauthorized use of MyLastWishes.org Program may subject the user to criminal prosecution. Evidence of unauthorized use may be used for administrative, criminal, or other disciplinary action. Use of the MyLastWishes.org Program system, authorized or unauthorized, constitutes consent to monitoring by Caring Advocates and its affiliates.
  • You will not modify, adapt, translate, rent or sublicense the software constituting MyLastWishes.org Program or create derivative works based upon MyLastWishes.org Program or any part thereof. You will not copy the MyLastWishes.org Program software in whole or part or use trade secret information contained in the MyLastWishes.org Program system. You agree not to (and not to permit others to) modify, adapt, translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the MyLastWishes.org Program software, or to extract portions of MyLastWishes.org Program files for use in other applications, except as otherwise expressly permitted by applicable law, nor will you remove, alter or obscure any confidentiality or proprietary rights notices (or permit others to do so) of Caring Advocates or its licensors on or within the MyLastWishes.org Program software or any copies of the software.
  • Caring Advocates reserves all rights not expressly granted to you under these Terms and Conditions for use of the MyLastWishes.org Program technology.  Caring Advocates is not granting to you any rights to trademarks or service marks of Caring Advocates or its MyLastWishes.org Program.
  • MyLastWishes.org Program may contain or reference links to third-party websites. Some of these links are provided as a convenience only. The inclusion of any link does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by Caring Advocates of any information contained in such third-party website. In no event will Caring Advocates be responsible for the information contained in such third-party website, or for your use of or inability to use such website. Access to any other website is at your own risk, and you should be aware that linked websites may contain terms and privacy policies that are different than those of Caring Advocates and its suppliers and partners. Caring Advocates nor its agents, representatives, or suppliers are responsible for such provisions and expressly disclaim any liability from them.
  • Caring Advocates may be required by law to send communications such as notices, records, agreements or other types of information to you that may pertain to the MyLastWishes.org Program system, the use of information you may record on MyLastWishes.org Program, and other services you may choose.  Additionally, third-party providers such as hospitals, medical facilities or others having access to your personal information and your Advance Care Planning documents or any other stored documents/videos/audios stored on MyLastWishes.org Program may be required to communicate with you electronically. You agree that Caring Advocates, on behalf of itself and any such third-party providers, may send communications to you by electronic mail and/or may make communications available to you by posting them at one or more of the Caring Advocates sponsored websites. You consent to receiving these communications electronically. If you withdraw your consent to receive communications electronically, Caring Advocates may terminate your right to use the MyLastWishes.org Program system.
  • Caring Advocates may provide users with a mechanism to provide feedback, suggestions and ideas about the MyLastWishes.org Program system.  You agree that Caring Advocates may, in its sole discretion, use this feedback and these suggestions and ideas in any way, including in future modifications of the system, multimedia works and/or advertising, and promotional materials relating to the system. You hereby grant to Caring Advocates a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute and display the feedback, suggestions and ideas in any manner and for any purpose, provided that we do not identify you as the source of the feedback.
  • You will be bound and abide by the Caring Advocates Privacy Policy, as it may be amended from time to time in accordance with its terms.
  • Except as may be expressly set forth above or in Caring Advocates' Privacy Policy, this Disclaimer and Terms and Conditions of Use Agreement constitute a complete statement of the agreement between you and Caring Advocates. The waiver by Caring Advocates of any of the Terms and Conditions set forth above must be in a writing signed by an authorized officer of Caring Advocates and expressly referencing the applicable provisions of these Terms and Conditions.  If any provisions of these Terms and Conditions are invalid or unenforceable under applicable law, then they will be modified and interpreted to accomplish the objectives of such provisions to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Terms and Conditions, and your use of the MyLastWishes.org Program system, will be governed by the laws of the State of California, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction, and applicable United States federal law. You hereby consent to the exclusive jurisdiction and venue of state and federal courts in San Diego County, California, United States of America, and the parties unconditionally waive their respective rights to a jury trial.
  • These Terms and Conditions do not limit any rights that Caring Advocates may have under trade secret, copyright, patent or other laws.
  • Your rights to use the MyLastWishes.org Program system may be terminated by Caring Advocates immediately and without notice if you fail to comply with any provision in these Terms and Conditions. Any termination of your rights to use the MyLastWishes.org Program system will not affect Caring Advocates' rights. Caring Advocates has the right to change or add to these Terms and Conditions at any time (Caring Advocates does not intend for any such changes to substantially affect the rights granted to you under these Terms and Conditions), and to change, delete, discontinue, or impose conditions on any feature or aspect of the MyLastWishes.org Program system upon notice by any means that Caring Advocates determines in its sole discretion to be reasonable. You agree to be bound by these Terms and Conditions, as modified.