Legal

Terms and Conditions

Terms and conditions for Digital Estate Advisors website and Digital Estate Readiness Quiz.

Last updated: May 5, 2026 Effective date: May 5, 2026

Digital Estate Advisors is a fictitious name (also known as a “DBA” or “doing business as” name) of Maco Strategy LLC, a Virginia limited liability company. References in these Terms to “Digital Estate Advisors,” “we,” “us,” or “our” mean Maco Strategy LLC operating under its Digital Estate Advisors brand. The legal entity entering into this agreement with you is Maco Strategy LLC.

These Terms and Conditions (“Terms”) form a binding legal contract between Digital Estate Advisors (Maco Strategy LLC) and the natural person who completes the free online “Digital Estate Readiness Quiz” or other free assessment offered on www.digitalestateadvisors.com (the “Quiz”) (“you” or “User”).

PLEASE READ THESE TERMS CAREFULLY. SECTION 9 EXPLAINS THAT WE ARE NOT LAWYERS, FINANCIAL PROFESSIONALS, OR ESTATE PLANNERS, AND THE QUIZ IS NOT LEGAL OR ESTATE PLANNING ADVICE. SECTION 14 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 14.7. SECTIONS 10, 11, AND 12 CONTAIN IMPORTANT WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY.

1. What “Digital Estate Advisors” Means

Digital Estate Advisors is a brand and fictitious name of Maco Strategy LLC. The word “Advisors” in our brand name refers to our role as providers of practical organizational and access-readiness guidance for digital accounts. It does not mean, imply, or indicate any of the following:

(a) that we are licensed attorneys, paralegals, legal document preparers, legal technicians, or any other category of legal professional;

(b) that we are licensed financial advisors, investment advisers, broker-dealers, certified financial planners (CFP®), accountants, certified public accountants (CPA), enrolled agents, tax preparers, fiduciary advisors, or any other category of financial professional;

(d) that we provide estate planning, probate, trust, will-drafting, beneficiary, inheritance, succession, or any other legal services in any U.S. state or jurisdiction; or

(e) that any professional advisory, attorney-client, fiduciary, or similar relationship is created between you and us by your use of the website, completion of the Quiz, or receipt of any information from us.

The word “Advisors” in our brand name is descriptive of our practical organizational focus only. Where these Terms or our materials use the word “advice,” “advisory,” “guidance,” “recommendation,” “suggestion,” or similar terms, those terms mean general, informational, organizational guidance about how to make digital accounts findable and accessible to loved ones. They do not mean and are not legal, financial, tax, insurance, estate planning, or other professional advice.

2. Acceptance of these Terms

By checking the box marked “I have read and agree to the Terms and Conditions and Privacy Notice” and clicking “Submit,” “Get My Score,” or any equivalent button to submit the Quiz, you (a) acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Notice (incorporated by reference), and (b) confirm that you are entering into a legally binding agreement with Maco Strategy LLC d/b/a Digital Estate Advisors. If you do not agree to these Terms, do not check the box and do not submit the Quiz.

These Terms apply only to the free online Quiz and general use of the digitalestateadvisors.com website. Any paid product or service that Digital Estate Advisors may offer in the future (including digital estate readiness kits) will be governed by separate written terms presented at the time of purchase.

3. Eligibility

To use the Quiz, you represent and warrant that you:

(a) are at least 18 years of age and have legal capacity to enter into this contract;

(b) are physically located in, and a resident of, the United States (the Quiz is geographically restricted to U.S. IP addresses; we do not knowingly accept submissions from the European Union, the United Kingdom, or any other non-U.S. jurisdiction);

(d) are not a competitor of Digital Estate Advisors accessing the Quiz to benchmark, copy, reverse engineer, or replicate it.

We reserve the right to refuse, suspend, or terminate access to the Quiz at any time, with or without notice, for any reason not prohibited by law.

4. Description of the Quiz

The Quiz is a free online self-assessment delivered through a third-party form platform. The Quiz asks general questions about how organized your digital accounts and digital assets are for the benefit of a trusted person, executor, or family member. After you submit your responses and email address, the Quiz generates a numerical “Digital Estate Readiness Score,” displays a score band on screen, and emails a written explanation of your score band, along with general organizational suggestions and one or more calls to action regarding our future products.

The Quiz is algorithmic and rules-based. Your Score and the email-delivered content are produced automatically, without human review, by applying weighted point values to your responses and selecting from pre-written content templates keyed to the resulting score band. We do not use machine learning, generative artificial intelligence, or large language models to generate the Score or the explanatory content.

The Quiz is provided to you at no charge in exchange for your contact information and your consent to receive emails as described in Section 8.

5. What Information You Should and Should Not Submit

You agree that the Quiz responses you submit will reflect your general state of organization, not the actual sensitive contents of your accounts. You must not, and you agree that you will not, submit through the Quiz, by email, or through any other channel to us:

(a) actual passwords, PINs, passcodes, account credentials, biometric templates, cryptocurrency seed phrases, private keys, recovery phrases, security-question answers, or any other authentication credential;

(b) Social Security numbers, tax identification numbers, government-issued identification numbers, driver’s license numbers, passport numbers, or financial account numbers;

(d) attorney-client privileged communications you do not own;

(e) sensitive information about third parties (such as named family members) without their consent; or

(f) any other information whose disclosure is restricted by law, regulation, or contract.

If you inadvertently provide any of the above, we are not responsible for any consequence of that disclosure, and we will delete the information as soon as reasonably practicable after we become aware of it. By using the Quiz, you assume all risk of providing information through it.

6. Intellectual Property

6.1 Our Ownership

Maco Strategy LLC d/b/a Digital Estate Advisors exclusively owns, and retains, all right, title, and interest in and to the Quiz, including without limitation: the questions and question wording; the scoring methodology, weights, and algorithm; the score-band tiers and thresholds; the email content templates; the “Digital Estate Readiness Score” nomenclature; the “Digital Estate Advisors” name and brand; the underlying methodology and any associated documentation; and all copyrights, patent rights, trademarks, trade secrets, and other intellectual property rights in the foregoing (collectively, the “DEA IP”).

6.2 Your Limited License

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable license to (a) complete the Quiz one or more times, (b) view your Score on screen, and (c) use the email-delivered results internally for the purpose of organizing your own digital information and considering our future products. No other use is permitted.

6.3 Your Inputs

You retain ownership of the responses you submit (“User Inputs”). You grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use your User Inputs (i) to provide the Quiz and email-delivered results to you, (ii) to operate, evaluate, secure, and improve the Quiz and methodology, and (iii) to create de-identified, aggregated, or statistical data that does not identify you and to use that data for any lawful purpose. Our use of personal information contained in your User Inputs is also governed by the Privacy Notice.

7. Acceptable Use; Prohibited Conduct

You agree that you will not, and will not permit any third party to:

(a) submit false, misleading, or fictitious User Inputs;

(b) scrape, harvest, crawl, index, frame, mirror, cache, or copy any portion of the Quiz, the website, the email content, the questions, the score bands, or the methodology, by any automated or manual means;

(c) reverse engineer, decompile, disassemble, derive source code from, or attempt to recreate the scoring algorithm, the weights, or the methodology, including by submitting repeated or systematic test responses for the purpose of inferring how the algorithm works;

(d) submit the Quiz using any bot, script, automated agent, or AI tool without our express written consent, or in any manner that exceeds reasonable individual human use;

(e) resell, sublicense, redistribute, or commercially exploit the Quiz, the Score, or the email-delivered results, or hold any of them out as a benchmark, certification, attestation, audit, or estate plan;

(f) interfere with or disrupt the Quiz, the website, our email systems, our service providers’ systems, or any network used to deliver the Quiz, including by introducing malware, conducting denial-of-service attacks, or attempting to gain unauthorized access;

(g) use the Quiz to violate any law, regulation, or third-party right, including any intellectual property, privacy, publicity, or contractual right;

(h) impersonate any person or entity, or misrepresent your affiliation with any person or entity; or

(i) remove, alter, or obscure any copyright, trademark, or other proprietary notice, or any disclaimer, on or accompanying the Quiz.

8.1 What you will receive

By submitting the Quiz, you request and consent to receive at the email address you provide:

(a) a transactional email delivering your Score band, an explanation of the band, and suggested next steps (the “Results Email”); and

(b) commercial marketing emails from Digital Estate Advisors, which may include educational content, articles, announcements about our products, and promotional offers (collectively, “Marketing Emails”).

8.2 No commingling with Maco Strategy LLC brand

Although Maco Strategy LLC is the legal entity behind Digital Estate Advisors, your email address submitted through digitalestateadvisors.com will be used only for Digital Estate Advisors brand communications, and will not be used for marketing communications from the Maco Strategy LLC cybersecurity brand, unless you separately and affirmatively opt in to receive those communications.

8.3 CAN-SPAM compliance

All Marketing Emails will (i) accurately identify Digital Estate Advisors (and Maco Strategy LLC as the legal entity) as the sender, (ii) include our valid physical postal address, (iii) be identifiable as advertising, (iv) include a clear and functional unsubscribe link, and (v) honor unsubscribe requests within ten (10) business days, consistent with the federal CAN-SPAM Act, 15 U.S.C. §§ 7701–7713, and 16 C.F.R. Part 316.

8.4 Unsubscribe

You may withdraw consent to Marketing Emails at any time by clicking the unsubscribe link in any Marketing Email or by emailing [email protected] with the subject line “Unsubscribe — Digital Estate Advisors.” Unsubscribing from Marketing Emails will not affect the Results Email or other transactional or relationship messages necessary to provide the Quiz you requested.

8.5 No SMS or telemarketing

Digital Estate Advisors does not currently send marketing SMS messages or place marketing telephone calls. If we add those channels in the future, we will obtain any consent required by the Telephone Consumer Protection Act and applicable state law before doing so.

9. CRITICAL DISCLAIMERS — What the Quiz and Digital Estate Advisors Are NOT

THIS SECTION IS CRITICAL. PLEASE READ CAREFULLY. IT EXPLAINS WHAT WE ARE NOT AND WHAT WE DO NOT DO.

9.1 We are not lawyers and this is not legal advice

Digital Estate Advisors and Maco Strategy LLC are not a law firm and do not practice law. We are not licensed to practice law in Virginia or any other U.S. state. None of our personnel are acting as attorneys in connection with the Quiz or any communication with you. The Quiz, the Score, the email-delivered results, and any information we provide are not legal advice and may not be relied upon as such. We do not provide legal opinions, legal analysis, legal recommendations, or legal services of any kind.

9.2 We do not engage in the practice of law

We do not, and the Quiz does not:

(a) draft, prepare, review, modify, or interpret wills, trusts, codicils, powers of attorney, advance directives, healthcare proxies, designations of beneficiary, transfer-on-death (TOD) or payable-on-death (POD) designations, digital estate provisions in any legal document, terms of service, account agreements, contracts, or any other legal document;

(b) provide guidance on how property should pass at death, who should inherit any property or account, how an estate should be administered, how probate should be handled, how digital assets should be characterized for purposes of any state digital assets law (including the Revised Uniform Fiduciary Access to Digital Assets Act, RUFADAA), how property should be characterized under any state’s probate or community-property law, or any similar legal question;

(c) provide guidance on fiduciary duties, including the duties of executors, personal representatives, trustees, agents under power of attorney, conservators, guardians, or any other fiduciary, in any state or jurisdiction;

(d) recommend that you execute, modify, or revoke any legal document, designate any person as a beneficiary or fiduciary, or take any action with legal consequences;

(e) provide guidance on how your specific state’s law (or the law of any jurisdiction) applies to your specific facts, including but not limited to Virginia’s probate, trust, fiduciary access to digital assets, community property, marital property, intestate succession, estate tax, or related law; or

(f) constitute legal services within the meaning of Virginia Code § 54.1-3900 et seq. (regulation of the practice of law) or the corresponding statutes of any other U.S. state.

The Quiz is a general organizational tool. It does not constitute the unauthorized practice of law. If you have a question that involves how property passes, who should inherit, what your fiduciary duties are, how to interpret a legal document, or how state law applies to your facts, you must consult a licensed attorney in your state. We are not that attorney.

9.3 We are not financial, tax, insurance, or accounting professionals

We are not licensed financial advisors, investment advisers under the Investment Advisers Act of 1940 or any state law, broker-dealers, certified financial planners (CFP®), accountants, certified public accountants (CPA), enrolled agents, tax preparers, licensed insurance producers, agents, or brokers, or any other licensed financial professional. The Quiz, the Score, and the email-delivered results are not financial, tax, accounting, investment, or insurance advice, and may not be relied upon for any decision regarding investments, taxes, insurance, retirement, beneficiary designations, financial planning, or similar matters. For those decisions, consult an appropriately licensed and insured professional.

9.4 We are not estate planners

We are not estate planners. The Quiz is not an estate plan, is not part of any estate planning service, is not a substitute for estate planning, and does not address any topic that an estate planning service would address. The Quiz does not evaluate the adequacy of your will, trust, power of attorney, beneficiary designations, or other estate planning documents, nor does it identify gaps in your estate plan.

9.5 Not a substitute for professional services

The Quiz is not a substitute for engaging qualified, licensed, and insured professional counsel familiar with your specific facts, your state’s law, and your specific goals. Topics covered in the Quiz often have legal, tax, financial, or estate planning implications that only a licensed professional can properly evaluate.

9.6 No professional-client relationship; you accept all responsibility

Your use of the Quiz does not create an attorney-client relationship, accountant-client relationship, fiduciary relationship, financial advisor relationship, or any other professional services relationship between you and us. You alone are responsible for any decision you make and any action you take or do not take based on the Quiz, the Score, the email-delivered results, or any material we provide.

9.7 Self-reported, unverified inputs; not a benchmark

The Score and email-delivered results are derived solely from your User Inputs, which we do not independently verify. The accuracy and usefulness of the results depend entirely on the accuracy and completeness of your User Inputs. The results are an opinion based on those inputs and a generic ruleset; they are not a statement of fact about your situation, your digital assets, your estate, or your legal obligations.

The Score is not intended for use by you or any third party as a benchmark. No third party (including any attorney, financial advisor, insurer, family member, executor, fiduciary, court, lender, regulator, or other person) is intended to rely on the Score or the email-delivered results, and we disclaim any duty to any third party.

9.8 General information; not advice for your specific situation; your responsibility

The results are general in nature, are not tailored to your specific facts, and may not reflect current law, current best practices, or the specific facts of your situation. Estate planning, fiduciary, digital-asset, and related law varies by state and changes over time. You are solely and exclusively responsible for evaluating, validating, deciding whether to implement, implementing, or declining to implement any suggestion, idea, framework, or list item that appears in the Quiz or its results, and for engaging qualified licensed professionals before acting on anything. Any consequence — financial, legal, tax, fiduciary, regulatory, contractual, family, or otherwise — that arises from your reading, interpreting, acting on, or failing to act on the Quiz results is your responsibility, not ours.

10. Disclaimer of Warranties

THE FOLLOWING DISCLAIMER IS A MATERIAL TERM. PLEASE READ IT CAREFULLY.

THE QUIZ, THE DIGITAL ESTATE READINESS SCORE, ALL SCORE BANDS, ALL EMAIL-DELIVERED CONTENT, ALL SUGGESTIONS, AND ALL OTHER OUTPUTS, AS WELL AS THE WEBSITE AND ALL RELATED CONTENT (COLLECTIVELY, THE “DEA MATERIALS”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND DEFECTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MACO STRATEGY LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, AND LICENSORS (COLLECTIVELY, THE “DEA PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (INCLUDING ANY PURPOSE RELATED TO ESTATE PLANNING, PROBATE AVOIDANCE, LEGAL COMPLIANCE, TAX OPTIMIZATION, OR ANY OTHER PURPOSE), TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, AND QUIET ENJOYMENT.

WITHOUT LIMITING THE FOREGOING, THE DEA PARTIES DO NOT WARRANT THAT (A) THE DEA MATERIALS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE DEA MATERIALS WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE; (C) THE OUTPUTS WILL IDENTIFY OR DETECT ANY OR ALL GAPS IN YOUR DIGITAL ORGANIZATION OR ESTATE READINESS; (D) THE OUTPUTS REFLECT YOUR ACTUAL DIGITAL ESTATE READINESS; OR (E) THE OUTPUTS ARE SUFFICIENT TO SATISFY ANY LEGAL, REGULATORY, TAX, ESTATE PLANNING, FIDUCIARY, INSURANCE, OR OTHER REQUIREMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; TO THE EXTENT SUCH AN EXCLUSION IS NOT PERMITTED IN YOUR JURISDICTION, THE EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Limitation of Liability

THE FOLLOWING LIMITATION IS A MATERIAL TERM AND HAS BEEN HEAVILY NEGOTIATED IN EXCHANGE FOR PROVIDING THE QUIZ AT NO CHARGE. PLEASE READ IT CAREFULLY.

11.1 Exclusion of certain damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE DEA PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OPPORTUNITIES, LOST GOODWILL, OR DIMINUTION IN VALUE; (C) LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS TO DATA, ACCOUNTS, OR DIGITAL ASSETS (INCLUDING CRYPTOCURRENCY AND OTHER DIGITAL CURRENCIES); (D) LOSS OF SENTIMENTAL OR FAMILY DIGITAL CONTENT; (E) ADDITIONAL PROBATE, LEGAL, ACCOUNTING, OR ADMINISTRATIVE COSTS; (F) ESTATE TAX, INCOME TAX, OR OTHER TAX LIABILITY; (G) FAMILY DISPUTES, INTRA-FAMILY LITIGATION, OR EMOTIONAL DISTRESS; (H) DAMAGES ARISING FROM ANY LEGAL, REGULATORY, TAX, FIDUCIARY, OR PROBATE ACTION; OR (I) DAMAGES ARISING FROM ANY DATA BREACH, RANSOMWARE EVENT, FRAUD, IDENTITY THEFT, ACCOUNT TAKEOVER, OR OTHER SECURITY INCIDENT (REGARDLESS OF CAUSE), IN EACH CASE ARISING OUT OF OR RELATED TO THE QUIZ, THE OUTPUTS, OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES.

11.2 Aggregate cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF THE DEA PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE QUIZ, THE OUTPUTS, OR THESE TERMS — WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, AND WHETHER OR NOT THIS LIMIT FAILS OF ITS ESSENTIAL PURPOSE — WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN CONNECTION WITH THE QUIZ (WHICH IS ZERO DOLLARS, $0) IN THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

11.3 Basis of the bargain

You acknowledge that we provide the Quiz free of charge in reliance on the disclaimers and limitations in Sections 9, 10, and 11; that those disclaimers and limitations are a material part of the bargain between you and us; that absent them, we would not provide the Quiz without charge; and that they allocate risk between the parties in a fundamentally fair manner given the no-cost nature of the Quiz.

11.4 Carve-outs required by law

Nothing in these Terms is intended to limit or exclude liability that cannot lawfully be limited or excluded under applicable law, including liability for fraud, willful misconduct, or, where applicable, gross negligence. The exclusions and limitations in this Section 11 apply to the maximum extent permitted by applicable law.

11.5 Some-states notice

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so portions of this Section 11 may not apply to you in full. In those jurisdictions, the DEA Parties’ liability is limited to the smallest amount permitted by law.

12. Indemnification by You

You will defend, indemnify, and hold harmless the DEA Parties from and against any and all third-party claims, demands, suits, proceedings, losses, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and litigation costs) arising out of or related to: (a) your User Inputs, including any inaccuracy, incompleteness, or misrepresentation in them; (b) your sharing of the Quiz results with any third party or any third party’s reliance on them; (c) your breach or alleged breach of these Terms; (d) your violation or alleged violation of any law, regulation, or third-party right; or (e) any action or inaction you took based on the Quiz that affected a third party (including any family member, beneficiary, fiduciary, executor, or other person). We will give you reasonable notice of any claim, will allow you to control the defense (with counsel reasonably acceptable to us), and will reasonably cooperate at your expense; you will not settle any claim that imposes any obligation or admission on us without our prior written consent.

13. Governing Law; Venue

These Terms, and any dispute arising out of or related to them or the Quiz, are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles, and applicable U.S. federal law. The U.N. Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 14 (Arbitration), the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in the City of Chesapeake, Virginia, or the Eastern District of Virginia, Norfolk Division, for any claim or proceeding not subject to arbitration, and waive any objection to that venue based on forum non conveniens or otherwise.

14. Binding Individual Arbitration; Class Action Waiver; Jury Trial Waiver

READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND WAIVES YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS. YOU MAY OPT OUT WITHIN 30 DAYS UNDER SECTION 14.7.

14.1 Agreement to arbitrate

Any dispute, claim, or controversy between you and us arising out of or relating to the Quiz, the outputs, these Terms, the Privacy Notice, our marketing communications, or the relationship between us, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after the effective date of these Terms (each, a “Dispute”), will be resolved exclusively by final and binding individual arbitration, and not in court, except as expressly provided in this Section 14. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this Section 14.

14.2 Informal dispute resolution (mandatory pre-arbitration)

Before initiating arbitration, you and we agree to first attempt to resolve the Dispute informally for at least sixty (60) days. The party initiating must send a written Notice of Dispute to the other party that includes the claimant’s name, address, email, a description of the Dispute, and the relief sought. Our Notice address is: Maco Strategy LLC d/b/a Digital Estate Advisors, Attn: Legal — Notice of Dispute, 732 Eden Way N, Suite E, #173, Chesapeake, VA 23320, with a copy by email to [email protected]. If the Dispute is not resolved within sixty (60) days, either party may initiate arbitration. Compliance with this Section 14.2 is a condition precedent to filing arbitration.

14.3 Rules and forum

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, including, where applicable, the AAA’s Mass Arbitration Supplementary Rules. The rules are available at www.adr.org. If AAA is unavailable or declines to administer the arbitration, the parties will select an alternative reputable arbitral provider (such as JAMS) by mutual agreement; if they cannot agree, a court of competent jurisdiction will appoint the provider. The arbitration will be conducted by a single neutral arbitrator.

14.4 Location and conduct

The arbitration will be conducted by video, telephone, or written submissions unless the arbitrator determines an in-person hearing is necessary, in which case the in-person hearing will take place in Chesapeake, Virginia, or, at your election, in the U.S. county where you reside.

14.5 Fees

We will pay all AAA filing, administrative, and arbitrator fees that exceed those that would have been required if the Dispute had been filed in a court of competent jurisdiction, except that you remain responsible for your own attorneys’ fees and costs unless the arbitrator awards them under applicable law.

14.6 Class, collective, and representative action waiver

YOU AND WE AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims, may not preside over any form of representative or class proceeding, and may award only individual relief warranted by that party’s individual claim. If a court or arbitrator finds this Section 14.6 to be unenforceable as to any Dispute or remedy, then that Dispute or remedy (and only that Dispute or remedy) will be severed from arbitration and brought in the courts identified in Section 13, and the remainder of this Section 14 will continue to apply.

14.7 30-day right to opt out of arbitration

You may opt out of this Section 14 by sending a written notice to [email protected] with the subject line “Arbitration Opt-Out — Digital Estate Advisors” within thirty (30) days after the date you first submit the Quiz. The notice must include your full name, the email address you used to submit the Quiz, and the date of submission. Opting out will not affect any other provision of these Terms.

14.8 Carve-outs

Notwithstanding the foregoing, the following are not subject to arbitration:

(a) any individual action filed in small claims court that remains in that court and is not removed or appealed to a court of general jurisdiction;

(b) any claim or proceeding to enforce or protect, or concerning the validity of, either party’s intellectual property rights, including injunctive or equitable relief;

(c) any claim of sexual assault or sexual harassment, which you may, at your election, bring in court under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, 9 U.S.C. §§ 401–402;

(d) any claim by a California resident for public injunctive relief under California law (which may be brought in the courts identified in Section 13); and

(e) any action by either party seeking emergency or preliminary injunctive relief in aid of arbitration.

14.9 Jury trial waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE EACH KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATED TO THE QUIZ, THE OUTPUTS, THESE TERMS, OR THE PRIVACY NOTICE.

14.10 Severability and survival

If any provision of this Section 14 (other than Section 14.6, which is governed by its own non-severability rule) is found unenforceable, that provision will be severed and the remainder will continue in full force and effect. This Section 14 survives termination of these Terms.

15. Modifications to These Terms

We may modify these Terms from time to time. For non-material changes (e.g., clarifications, formatting, contact-information updates), the change is effective when posted, with the “Last updated” date revised. For material changes (e.g., changes to arbitration, dispute resolution, the class action waiver, the limitation of liability, or fee terms), we will provide at least thirty (30) days’ advance notice by email to the address you provided and by posting the revised Terms on the website. Material changes will not apply retroactively to any Dispute of which we have actual knowledge as of the effective date. Your continued use of the Quiz after the effective date of a material change constitutes acceptance.

16. Termination

We may, at any time and in our sole discretion, suspend or terminate your access to the Quiz, with or without notice, for any reason, including any actual or suspected breach of these Terms. Sections 5, 6.1, 6.3, 7, 9, 10, 11, 12, 13, 14, 15, 17, and 18 (and any other provision that by its nature should survive) will survive termination.

17. General

17.1 Entire agreement

These Terms (including the Privacy Notice incorporated by reference) constitute the entire agreement between you and us regarding the Quiz and supersede all prior or contemporaneous agreements, communications, and proposals on that subject.

17.2 Severability

If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if not possible, severed; and the remaining provisions will remain in full force and effect (subject to Section 14.6).

17.3 No waiver

Our failure to enforce any provision is not a waiver of our right to enforce that provision later.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely, including to any affiliate, successor, or acquirer of the Digital Estate Advisors brand or Maco Strategy LLC.

17.5 No third-party beneficiaries

These Terms are for the sole benefit of you and us and confer no rights on any third party (including any family member, beneficiary, fiduciary, executor, or other person who may be referenced in your Quiz responses).

17.6 Independent contractors

Nothing in these Terms creates any partnership, joint venture, employment, agency, or franchise relationship.

17.7 Force majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control.

17.8 Notices

We may give you notice by email to the address you provided or by posting on the website. You must give us notice as specified in Section 14.2.

17.9 Headings; interpretation

Headings are for convenience only. “Including” means “including, without limitation.”

18. Contact

Maco Strategy LLC d/b/a Digital Estate Advisors 732 Eden Way N, Suite E, #173 Chesapeake, Virginia 23320 Email: [email protected]