Last updated: June 17, 2026 Effective date: June 17, 2026
These Terms and Conditions (“Terms”) form a binding legal contract between Maco Strategy LLC, a Virginia limited liability company with its principal place of business in Chesapeake, Virginia (“Maco,” “we,” “us,” or “our”), and the natural person who completes any free online self-assessment or quiz that Maco makes available, or who otherwise uses the Maco website at www.macostrategy.com (the “Site”) (“you” or “User”). (Maco also controls the domain www.digitalestateadvisors.com, which redirects visitors to www.macostrategy.com; it has no separate content and references to the “Site” mean www.macostrategy.com.)
Maco currently makes available two free assessments (each, an “Assessment”; collectively, the “Assessments”):
- The SMB Tech Risk Check, which evaluates the general state of a business’s technology, security, and operational practices; and
- The Account Lockout Test: Are They Blocked?, which evaluates the general state of an individual’s digital-account organization and access-readiness for trusted persons.
Maco also offers paid digital products (the “Kits”), which are governed by separate Kit Purchase Terms. The current Kits are the Small Business Tech Readiness Kit (for businesses) and the Online Account Readiness Kit (for individuals and families).
These Terms cover both Assessments and all general use of the Site. Where a section of these Terms refers to “the Assessment” in the singular, it applies to whichever Assessment you took (or both, if you took both).
One brand. All Maco products — for individuals, families, and businesses, including all assessments, Kits, and coaching — are offered under the single brand and legal entity Maco Strategy LLC. References in these Terms to “Maco,” “we,” “us,” or “our” mean Maco Strategy LLC.
PLEASE READ THESE TERMS CAREFULLY. SECTION 9-BIS EXPLAINS THAT, WITH RESPECT TO THE ACCOUNT LOCKOUT TEST AND THE ONLINE ACCOUNT READINESS KIT, WE ARE NOT LAWYERS, FINANCIAL PROFESSIONALS, OR ESTATE PLANNERS, AND NOTHING WE PROVIDE IS 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 9, 10, AND 11 CONTAIN IMPORTANT WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY.
1. 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 any Assessment, 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. If you do not agree to these Terms, do not check the box and do not submit the Assessment.
These Terms apply to the free online Assessments described in Section 3 and to general use of the Site. Paid products and services offered by Maco (including Kits and Educational Coaching Packages) are governed by separate written agreements presented at the time of purchase (the Kit Purchase Terms and the Educational Coaching Terms).
2. Eligibility
To use any Assessment, 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 Assessments are 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);
(c) if you are completing The SMB Tech Risk Check, are completing it on behalf of a business that you own, manage, or have express authority from the business owner to assess, and you have authority to provide the information requested and to bind that business to these Terms with respect to the Assessment;
(d) if you are completing The Account Lockout Test: Are They Blocked?, are completing it for yourself or for a person who has authorized you to do so on their behalf;
(e) are not completing any Assessment on behalf of a U.S. federal government contractor, a Coast Guard-regulated entity (including any owner or operator of a facility, vessel, or outer-continental-shelf facility regulated under 33 C.F.R. Parts 101–106 or any applicable Navigation and Vessel Inspection Circular), or any other entity for which Maco does not provide services; and
(f) are not a competitor of Maco accessing any Assessment to benchmark, copy, reverse engineer, or replicate it.
We reserve the right to refuse, suspend, or terminate access to any Assessment at any time, with or without notice, for any reason not prohibited by law.
3. Description of the Assessments
Each Assessment is a free online self-assessment delivered through our third-party quiz platform.
The SMB Tech Risk Check consists of a series of questions covering categories such as SaaS and data exposure, security posture, backup and continuity, people and knowledge risk, operational processes, and AI strategy and governance. After you submit your responses and email address, the Assessment generates a numerical “Technology Risk Score,” displays a score band on screen, and emails a written explanation of your score band, along with general suggestions and one or more calls to action regarding Maco’s paid Kits and offerings.
The Account Lockout Test: Are They Blocked? consists of a series of questions about how organized your digital accounts, devices, subscriptions, and digital files are for the benefit of a trusted person or family member. After you submit your responses and email address, the Assessment generates a numerical “Account Lockout Risk 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 Maco’s paid Kits and offerings.
Both Assessments are 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. Maco does not use machine learning, generative artificial intelligence, or large language models to generate any Score or the explanatory content.
Each Assessment is provided to you at no charge in exchange for your contact information and your consent to receive emails as described in Section 7.
4. Intellectual Property
4.1 Maco’s Ownership
Maco exclusively owns, and retains, all right, title, and interest in and to the Assessments, including without limitation: the questions and question wording; the category frameworks; the scoring methodology, weights, and algorithm; the score-band tiers and thresholds; the email content templates; the “Technology Risk Score” and “Account Lockout Risk Score” nomenclatures; the underlying methodologies and any associated documentation; the Maco Strategy LLC name, the names of all Assessments and Kits (including “The SMB Tech Risk Check,” “The Account Lockout Test: Are They Blocked?,” “Small Business Tech Readiness Kit,” and “Online Account Readiness Kit”), all logos, and all trademarks; and all copyrights, patent rights, trademarks, trade secrets, and other intellectual property rights in the foregoing (collectively, the “Maco IP”). Nothing in these Terms transfers any ownership of any Maco IP to you.
4.2 Your Limited License
Subject to your compliance with these Terms, Maco grants you a personal, non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable license to (a) complete each Assessment one or more times for the purpose for which that Assessment is offered, (b) view your Score on screen, and (c) use the email-delivered results internally for the purpose of considering Maco’s paid offerings. No other use is permitted.
4.3 Your Inputs
You retain ownership of the responses you submit (“User Inputs”). You grant Maco a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use your User Inputs (i) to provide the Assessments and the email-delivered results to you, (ii) to operate, evaluate, secure, and improve the Assessments, the scoring methodologies, and Maco’s other products and services, and (iii) to create de-identified, aggregated, or statistical data that does not identify you and to use that data for any lawful purpose. Maco’s use of personal information contained in your User Inputs is also governed by the Privacy Notice.
5. User Representations and Warranties Regarding User Inputs
You represent and warrant that, as of the moment you submit any Assessment:
(a) all User Inputs are true, complete, accurate, and not misleading to the best of your knowledge;
(b) you have authority to provide the User Inputs, and the act of providing them to Maco does not violate any contract, policy, confidentiality obligation, or law;
(c) the email address you provide is yours or one you are authorized to use, and you have consented (or have authority to consent on behalf of the recipient) to receive the emails described in Section 7;
(d) you are not providing any information that you know or should reasonably know is sensitive personal information of any individual, protected health information under HIPAA, payment card data subject to PCI-DSS, classified information, controlled unclassified information (CUI), or any other category of information whose disclosure is restricted by law, regulation, or contract; and
(e) you are not submitting actual authentication credentials of any kind, including passwords, PINs, passcodes, biometric templates, cryptocurrency seed phrases, private keys, recovery phrases, security-question answers, account numbers, Social Security numbers, or any other credential or sensitive identifier. The Assessments are designed to ask about your general state of organization or readiness, not to collect the underlying sensitive information itself. If you inadvertently provide any such information, Maco is not responsible for any consequence of that disclosure and will delete the information as soon as reasonably practicable after becoming aware of it.
You acknowledge that the Score and the email-delivered results depend entirely on the accuracy and completeness of your User Inputs, which Maco does not, and cannot, independently verify.
6. 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, or submit an Assessment in a manner that misrepresents who or what it is being completed for;
(b) scrape, harvest, crawl, index, frame, mirror, cache, or copy any portion of any Assessment, the Site, 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 an Assessment 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 any Assessment, any Score, or the email-delivered results, or hold any of them out as a benchmark, certification, attestation, audit, estate plan, financial plan, or legal opinion;
(f) interfere with or disrupt any Assessment, the Site, our email systems, our service providers’ systems, or any network used to deliver any Assessment, including by introducing malware, conducting denial-of-service attacks, or attempting to gain unauthorized access;
(g) use any Assessment 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 any Assessment or Site.
6-bis. Copyright Complaints (DMCA)
Maco respects intellectual property rights and expects users to do the same. If you believe any content on a Site infringes your copyright, you may send a notice under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, to Maco’s designated copyright agent.
Your notice must include: (a) a physical or electronic signature of the copyright owner or a person authorized to act on its behalf; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to let us locate it (such as a URL); (d) your contact information (name, address, telephone, email); (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
Designated copyright agent: Maco Strategy LLC, Attn: DMCA Agent 732 Eden Way N, Suite E, #173, Chesapeake, VA 23320 Email: [email protected] (subject line: “DMCA Notice”)
Maco may, in appropriate circumstances and at its discretion, disable or terminate access for users who are repeat infringers. If you believe material was removed or disabled in error, you may submit a counter-notification meeting the requirements of 17 U.S.C. § 512(g). Misrepresentations in a DMCA notice or counter-notification may subject you to liability under 17 U.S.C. § 512(f).
7. Email Communications and Marketing Consent
7.1 What you will receive
By submitting any Assessment, 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 Maco, which may include educational content, articles, case studies, announcements about Maco’s products and services (including Kits and webinars), and promotional offers (collectively, “Marketing Emails”).
7.2 Single Maco Strategy LLC marketing program
Maco operates a single Maco Strategy LLC email marketing program covering all of its products for individuals, families, and businesses. Your contact information is tagged with the source of your sign-up (which Assessment you took) and may be used to send you content about any of Maco’s products. You can stop receiving Marketing Emails at any time using the unsubscribe link.
7.3 CAN-SPAM compliance
All Marketing Emails will (i) accurately identify Maco Strategy LLC as the sender, (ii) include Maco’s 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.
7.4 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.” Unsubscribing from Marketing Emails will not affect the Results Email or other transactional or relationship messages necessary to provide the Assessment you requested.
7.5 No SMS or telemarketing
Maco does not currently send marketing SMS messages or place marketing telephone calls in connection with the Assessments. 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.
8. Free Service; No Charges for the Assessments
The Assessments are provided at no cost. No subscription, no auto-renewal, no negative option, no free trial that converts to paid, and no payment information is collected through the Assessments themselves. Maco offers separate paid products (currently Kits and Educational Coaching Packages). Those paid offerings are governed by their own separate terms presented at the time of purchase, and any charge requires your separate, affirmative consent.
9. Disclaimers — What the Assessments Are Not
THIS SECTION IS CRITICAL. PLEASE READ CAREFULLY.
9.1 Not professional advice or a professional services relationship
Each Assessment, the Score, the email-delivered results, and any information presented in connection with them (collectively, the “Outputs”) are provided for general informational and educational purposes only. The Outputs are not, and may not be relied upon as:
(a) legal advice, and Maco is not a law firm and does not practice law;
(b) financial, investment, accounting, tax, or insurance advice, and Maco is not a CPA firm, broker-dealer, investment adviser, insurance producer, or fiduciary;
(c) a cybersecurity audit, penetration test, vulnerability assessment, red-team engagement, incident response, forensic investigation, security monitoring service, or managed security service;
(d) an attestation, certification, or opinion issued by a CPA firm, a Qualified Security Assessor (QSA), an Approved Scanning Vendor (ASV), a Certified Third-Party Assessment Organization (C3PAO), or any other accredited assessor;
(e) a regulatory compliance review or determination of compliance with any law, regulation, or framework, including without limitation: the HIPAA Privacy, Security, and Breach Notification Rules (45 C.F.R. Parts 160 and 164); the Payment Card Industry Data Security Standard (PCI-DSS); SSAE 18 / SOC 1, SOC 2 (Type I or II), or SOC 3; the Cybersecurity Maturity Model Certification (CMMC) at any level; DFARS 252.204-7012, -7019, -7020, or -7021; NIST Cybersecurity Framework (CSF) 1.1 or 2.0; NIST SP 800-53 or 800-171; ISO/IEC 27001, 27002, or 42001; the Gramm-Leach-Bliley Act (GLBA) Safeguards Rule (16 C.F.R. Part 314); the Family Educational Rights and Privacy Act (FERPA); the Federal Information Security Modernization Act (FISMA); Sarbanes-Oxley (SOX) Section 404 IT general controls; the New York DFS Cybersecurity Regulation (23 N.Y.C.R.R. Part 500); the New York SHIELD Act; the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA), the Virginia Consumer Data Protection Act, or any other state privacy or data protection statute; the U.S. Coast Guard maritime cybersecurity regulations under 33 C.F.R. Parts 101–106 or any applicable Navigation and Vessel Inspection Circular (including the 2025 Maritime Cyber Risk Management rule); the EU AI Act, the Colorado AI Act, or any other AI-specific law; or any other federal, state, local, foreign, or industry-specific cybersecurity, privacy, data-protection, or technology law, regulation, framework, or contractual obligation; or
(f) a substitute for engaging qualified professional counsel (legal, security, IT, privacy, compliance, accounting, insurance, or otherwise) familiar with your specific facts and circumstances.
9.2 No professional-client relationship; you accept all responsibility
Your use of any Assessment does not create an attorney-client relationship, accountant-client relationship, auditor-client relationship, fiduciary relationship, consulting relationship, advisory relationship, or any other professional services relationship between you and Maco. Any such relationship requires a separate written engagement agreement signed by both parties, which Maco does not currently offer. You alone are responsible for any decision you make and any action you take or do not take based on any Assessment, the Outputs, or any Maco material.
9.3 No guarantee against breaches or other adverse events
Maco does not guarantee, warrant, or represent that adopting any suggestion, achieving any score band, or otherwise using the Outputs will prevent or reduce the likelihood, severity, frequency, or impact of any data breach, ransomware event, business email compromise, supply-chain compromise, insider attack, system outage, data loss, account takeover, identity theft, fraud, family dispute, regulatory finding, lawsuit, contractual claim, or other adverse event. No measure, framework, or recommendation can guarantee security, organization, or any other outcome.
9.4 Self-reported, unverified inputs
The Score and email-delivered results are derived solely from your User Inputs, which Maco does not independently verify. The accuracy and usefulness of the Outputs depend entirely on the accuracy and completeness of your User Inputs. The Outputs are an opinion based on those inputs and a generic ruleset; they are not a statement of fact about you, your business, your security posture, your compliance status, your estate, or your digital readiness.
9.5 Not a benchmark; no third-party reliance
No Score is intended for use by you or any third party as a benchmark (including any benchmark within the meaning of any financial or regulatory benchmark regime). The Outputs are intended for your internal informational use only. No third party (including any insurer, customer, vendor, regulator, auditor, lender, investor, board member, attorney, financial advisor, family member, executor, fiduciary, court, or other person) is intended to rely on the Outputs, and Maco disclaims any duty to any third party. If you choose to share the Outputs with a third party, you do so at your own risk and remain solely responsible for any consequences.
9.6 General information; not advice for your specific situation; your responsibility
The Outputs are general in nature, are not tailored to your specific facts, and may not reflect current law, current threats, current best practices, or the specific facts of your situation. Cybersecurity, technology, estate planning, fiduciary, digital-asset, and related law all vary by state and change rapidly. You are solely and exclusively responsible for evaluating, validating, deciding whether to implement, implementing, or declining to implement any suggestion, idea, framework, or roadmap that appears in the Outputs, and for engaging qualified licensed professionals before acting on anything. Any consequences — financial, operational, legal, regulatory, tax, fiduciary, contractual, reputational, family, or otherwise — that arise from your reading, interpreting, acting on, or failing to act on the Outputs are your responsibility, not Maco’s.
9-bis. ADDITIONAL DISCLAIMERS APPLICABLE TO THE ACCOUNT LOCKOUT TEST AND THE ONLINE ACCOUNT READINESS KIT
THIS SECTION IS CRITICAL FOR ANYONE TAKING THE ACCOUNT LOCKOUT TEST OR PURCHASING THE ONLINE ACCOUNT READINESS KIT. PLEASE READ CAREFULLY. IT EXPLAINS WHAT WE ARE NOT AND WHAT WE DO NOT DO IN CONNECTION WITH THESE PRODUCTS.
For purposes of this Section 9-bis, the “Account Products” means The Account Lockout Test: Are They Blocked?, the Online Account Readiness Kit, and any other Maco product, service, or material that helps individuals or families organize their digital accounts and make them accessible to trusted persons.
9-bis.1 Our role is practical organization, not professional advice
The Account Products are tools that provide practical organizational and access-readiness guidance for digital accounts. Where these Terms or our materials use the word “advice,” “advisory,” “guidance,” “recommendation,” or “suggestion” in connection with any Account Product, 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. Nothing about the Account Products means, implies, or indicates 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;
(c) that we are licensed insurance producers, agents, or brokers; or
(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.
9-bis.2 We are not lawyers and this is not legal advice
Maco Strategy LLC is not a law firm and does 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 any Account Product or any communication with you. The Account Products, including their Scores, the email-delivered results, any PDF report, any account-inventory worksheets, any prioritized roadmap, and any other content 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-bis.3 We do not engage in the practice of law
We do not, and no Account Product does:
(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.
Each Account Product 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-bis.4 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. No Account Product, including its Score, the email-delivered results, any PDF report, any account-inventory worksheets, or any prioritized roadmap, is 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-bis.5 We are not estate planners
We are not estate planners. No Account Product is an estate plan, is part of any estate planning service, is a substitute for estate planning, or addresses any topic that an estate planning service would address. No Account Product evaluates 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-bis.6 No professional-client relationship from any Account Product
Your use or purchase of any Account Product 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 any Account Product, its Score, its email-delivered results, any PDF report, any account-inventory worksheets, any prioritized roadmap, or any other material we provide.
9-bis.7 No reliance by third parties
No third party (including any attorney, financial advisor, insurer, family member, executor, fiduciary, court, lender, regulator, or other person) is intended to rely on any Account Product or its outputs. If you choose to share any of them with a third party, you do so at your own risk and remain solely responsible for any consequences.
9-bis.8 The Account Lockout Test and the Online Account Readiness Kit are organizational tools, not legal products
The Account Lockout Test and the Online Account Readiness Kit are tools for organizing your digital accounts and access information so that trusted persons can find and use them when needed. They are not designed to:
(a) determine who should inherit anything;
(b) bind any account provider or platform to honor any access designation you create;
(c) override any account’s terms of service or any platform’s death/incapacity policies; or
(d) substitute for any legal document (such as a will or power of attorney) that may be required for actual legal transfer of digital assets.
You should expect that even with comprehensive use of the Online Account Readiness Kit, trusted persons may still need legal documents and court orders to access certain accounts after your death or incapacity, depending on each account provider’s policies and applicable state law. Maco does not represent, warrant, or guarantee that any digital account or asset will actually be accessible to any trusted person by virtue of your having used an Account Product.
10. Disclaimer of Warranties
THE FOLLOWING DISCLAIMER IS A MATERIAL TERM. PLEASE READ IT CAREFULLY.
EACH ASSESSMENT, EACH SCORE (INCLUDING THE TECHNOLOGY RISK SCORE AND THE ACCOUNT LOCKOUT RISK SCORE), ALL SCORE BANDS, ALL EMAIL-DELIVERED CONTENT, ALL SUGGESTIONS, AND ALL OTHER OUTPUTS, AS WELL AS THE SITES AND ALL RELATED CONTENT (COLLECTIVELY, THE “MACO 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, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, AND LICENSORS (COLLECTIVELY, THE “MACO 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 REGULATORY COMPLIANCE, ESTATE PLANNING, PROBATE AVOIDANCE, TAX OPTIMIZATION, CONTRACTUAL COMPLIANCE, INSURANCE UNDERWRITING, OR FULFILLING ANY STATUTORY OR REGULATORY ROLE), TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, AND QUIET ENJOYMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, THE MACO PARTIES DO NOT WARRANT THAT (A) THE MACO MATERIALS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE MACO MATERIALS WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE; (C) DEFECTS IN THE MACO MATERIALS WILL BE CORRECTED; (D) THE MACO MATERIALS WILL IDENTIFY OR DETECT ANY OR ALL VULNERABILITIES, THREATS, RISKS, MISCONFIGURATIONS, NON-COMPLIANCE, GAPS IN DIGITAL ORGANIZATION OR ACCOUNT READINESS, OR OTHER ISSUES; (E) THE OUTPUTS REFLECT YOUR ACTUAL CYBERSECURITY POSTURE, TECHNOLOGY POSTURE, OR DIGITAL ACCOUNT READINESS; (F) ANY DIGITAL ACCOUNT OR ASSET WILL ACTUALLY BE ACCESSIBLE TO ANY TRUSTED PERSON BY VIRTUE OF YOUR HAVING USED ANY MACO MATERIAL; OR (G) THE OUTPUTS ARE SUFFICIENT TO SATISFY ANY LEGAL, REGULATORY, TAX, ESTATE PLANNING, FIDUCIARY, CONTRACTUAL, INSURANCE, CUSTOMER, 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 ASSESSMENTS 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 MACO 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) BUSINESS INTERRUPTION, SERVICE INTERRUPTION, OR DOWNTIME; (F) ADDITIONAL PROBATE, LEGAL, ACCOUNTING, OR ADMINISTRATIVE COSTS; (G) ESTATE, INCOME, OR OTHER TAX LIABILITY; (H) FAMILY DISPUTES, INTRA-FAMILY LITIGATION, OR EMOTIONAL DISTRESS; (I) COSTS OF SUBSTITUTE PRODUCTS OR SERVICES; (J) DAMAGES ARISING FROM ANY DATA BREACH, RANSOMWARE EVENT, MALWARE INFECTION, BUSINESS EMAIL COMPROMISE, FRAUD, IDENTITY THEFT, ACCOUNT TAKEOVER, INSIDER ATTACK, SUPPLY-CHAIN COMPROMISE, OR OTHER SECURITY INCIDENT (REGARDLESS OF CAUSE); OR (K) DAMAGES ARISING FROM ANY LEGAL, REGULATORY, TAX, FIDUCIARY, PROBATE, AUDIT, LITIGATION, CONTRACT-TERMINATION, OR THIRD-PARTY CLAIM, IN EACH CASE ARISING OUT OF OR RELATED TO ANY ASSESSMENT, THE OUTPUTS, OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MACO HAS 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 MACO PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO ANY ASSESSMENT, 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 MACO IN CONNECTION WITH THE ASSESSMENTS (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 Maco provides the Assessments free of charge in reliance on the disclaimers and limitations in Sections 9, 9-bis, 10, and 11; that those disclaimers and limitations are a material part of the bargain between you and Maco; that absent those disclaimers and limitations, Maco would not provide the Assessments without charge; and that the disclaimers and limitations allocate risk between the parties in a fundamentally fair manner given the no-cost nature of the Assessments.
11.4 Carve-outs required by law
Nothing in these Terms is intended to (and nothing will be construed 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 Maco Parties’ liability is limited to the smallest amount permitted by law.
12. Indemnification by You
You will defend, indemnify, and hold harmless the Maco 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) to the extent arising out of or related to your own wrongful conduct, namely: (a) your User Inputs, including any inaccuracy, incompleteness, or misrepresentation in them; (b) your breach of these Terms (including the representations in Sections 2 and 5 and the prohibitions in Section 6); (c) your violation of any law, regulation, or third-party right (including any intellectual property, privacy, publicity, or contractual right); or (d) your sharing of the Outputs with any third party or any third party’s reliance on Outputs you shared.
This indemnification obligation does not apply to the extent a claim arises from Maco’s own negligence, willful misconduct, or violation of law, and nothing in this Section requires you to indemnify Maco for any liability that applicable law prohibits shifting to a consumer. Maco will give you reasonable notice of any claim, will allow you to control the defense (with counsel reasonably acceptable to Maco), and will reasonably cooperate at your expense; you will not settle any claim that imposes any obligation or admission on Maco without Maco’s prior written consent. Maco reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
13. Governing Law; Venue
These Terms, and any dispute arising out of or related to them, the Assessments, the Outputs, or any Maco product or service, 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 MACO 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 Maco arising out of or relating to any Assessment, the Outputs, these Terms, the Privacy Notice, Maco’s 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 Maco 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. Maco’s Notice address is: Maco Strategy LLC, 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; arbitrators and courts are authorized to enforce it, including by enjoining the filing or prosecution of any non-compliant 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
Maco 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. AAA fee schedules and any required Maco contributions are governed by the AAA Consumer Rules.
14.6 Class, collective, and representative action waiver
YOU AND MACO 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 (this is a “non-severability of class waiver” provision: arbitration on a class basis is not authorized).
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” within thirty (30) days after the date you first submit any Assessment. The notice must include your full name, the email address you used to submit, and the date of submission. Opting out will not affect any other provision of these Terms or your ability to use the Assessments. If you opt out, neither you nor Maco will be bound by Section 14 with respect to claims arising out of your relationship with Maco, and any Dispute will be resolved in the courts identified in Section 13.
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 MACO 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 ASSESSMENT, 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
Maco 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), Maco will provide at least thirty (30) days’ advance notice by email to the address you provided and by posting the revised Terms on the Site. Material changes will not apply retroactively to any Dispute of which Maco has actual knowledge as of the effective date. Your continued use of the Assessments or the Site after the effective date of a material change constitutes acceptance of the change. If you do not accept the change, your sole remedy is to discontinue use of the Assessments and the Site and to unsubscribe from all communications.
16. Termination
Maco may, at any time and in its sole discretion, suspend or terminate your access to any Assessment or any Site, with or without notice, for any reason, including any actual or suspected breach of these Terms. Sections 4.1, 4.3, 5, 6, 6-bis, 9, 9-bis, 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 Maco regarding the Assessments and general use of the Site, 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
Maco’s failure to enforce any provision is not a waiver of its right to enforce that provision later.
17.4 Assignment
You may not assign or transfer these Terms or any rights or obligations under them without Maco’s prior written consent. Maco may assign these Terms freely, including in connection with any merger, acquisition, reorganization, sale of assets, or by operation of law.
17.5 No third-party beneficiaries
These Terms are for the sole benefit of you and Maco and confer no rights on any third party.
17.6 Independent contractors
Nothing in these Terms creates any partnership, joint venture, employment, agency, or franchise relationship between you and Maco.
17.7 Force majeure
Maco is not liable for any delay or failure to perform caused by events beyond its reasonable control.
17.8 Notices
Maco may give you notice by email to the address you provided or by posting on the website. You must give Maco notice as specified in Section 14.2.
17.9 Headings; interpretation
Headings are for convenience only. “Including” means “including, without limitation.”
17-bis. Accessibility
Maco is committed to making its Site and digital products usable by as many people as possible, including people with disabilities, and aims to follow generally recognized web accessibility guidance (such as the Web Content Accessibility Guidelines) on a continuing-improvement basis. Accessibility is an ongoing effort and we do not represent that every part of the Site currently conforms to any particular standard. If you encounter difficulty accessing any part of a Site or any product, or need content provided in an alternative format, please contact us at [email protected] with the subject line “Accessibility,” and we will work with you in good faith to provide the information, product, or service through an accessible alternative method of communication.
18. Contact
Maco Strategy LLC 732 Eden Way N, Suite E, #173 Chesapeake, Virginia 23320 Email: [email protected]