We, the operators of this website, provide it as an interactive computer service to enable people to connect with each other and exchange funeral and memorial planning information. This website is provided to you by Farewelling Inc.
Please carefully review the following rules that govern your use of the website. Please note that your use of the website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you do not agree to them, do not use the website, provide any materials to the website or download any materials from the website.
We reserve the right to update or modify these Terms and Conditions at any time without prior notice to you. Your use of the website following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the website.
These Terms and Conditions of Use apply to the use of the website and do not extend to any linked third party sites. These Terms and Conditions make up the entire agreement between you and us regarding your use of the website, and these supersede any and all prior agreements.
PERMITTED AND PROHIBITED USES
You may use the website for the sole purpose of sharing and exchanging information and ideas with other users. You may not use the website to violate any applicable local, state, federal, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.
You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the website.
You are strictly prohibited from communicating on or through the website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law.
You are expressly prohibited from compiling and using other users' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other users unsolicited marketing materials, whether by email, or other means.
You also are expressly prohibited from distributing other users' personal information to third parties for marketing purposes. We will deem the compiling of marketing and mailing lists using users' personal information, the sending of unsolicited marketing materials to users, or the distribution of users' personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and we reserve the right to terminate or suspend your access to and use of the website without refund of any fees that you may have paid.
Note that unauthorized use of users' personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. We reserve the right to report the abuse of users' personal information to the appropriate law enforcement and government authorities, and we will fully cooperate with any authorities investigating violations of these laws.
We do not want to receive confidential or proprietary information from you through the website. Any material, information, or other communication you transmit or post ("Contributions") to the website will be considered non-confidential.
You will retain copyright to all of your Contributions to the website. However, you grant us an irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Contributions in any manner or media.
LIMITATION ON USING OUR INTELLECTUAL PROPERTY
If you use content covered by intellectual property rights that we have and make available thru our website (for example, images, lists, videos, or articles), we retain all rights to that content. You can only use, modify, or decompile our content, copyrights, or trademarks with our prior written permission.
USER DISCUSSION LISTS AND FORUMS
We may, but are not obligated to, monitor or review any areas on the website where users transmit or post Contributions, including but not limited to user forums and email lists, and the content of any such Contribution. However, we will have no liability related to the content of any such Contributions, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We reserve the right (without assuming any obligation) to remove content on the website at our discretion at any time for any reason, including for example, copyright or trademark violations or other intellectual property misappropriate, impersonation, unlawful conduct, or harassment.
USE OF PERSONALLY IDENTIFIABLE INFORMATION
You agree to provide true, accurate, current, and complete information when registering with the website. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the website.
You agree to defend, indemnify and hold harmless us, and our agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the website, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.
You may end your legal agreement with us at any time by deactivating your account and discontinuing your use of the website. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the website. If you are dissatisfied with the website, its content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the website. In such event, the refund, if any, of fees paid will be strictly as provided in the Farewelling refund policy that is available elsewhere on the website. We reserve the right to terminate or suspend your access to and use of the website, or parts of the website, and/or delete any or all of your Contributions to the website without notice if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where we have reason to believe that you are in violation of these Terms and Conditions of Use. You agree that, in any such event of termination, absolutely no refund of any fee will occur and you will forfeit any and all fees paid to the website to such date.
The website and associated materials are provided on an "as is" and "as available" basis. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement of intellectual property. We make no representations or warranty that the website will meet your requirements, or that your use of the website will be uninterrupted, timely, secure, or error free; nor do we make any representation or warranty as to the results that may be obtained from the use of the website. We make no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on the website.
In no event will we or any of our agents, vendors or suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use, misuse of or inability to use the website, even if we have been advised of the possibility of such damages. This disclaimer constitutes an essential part of this agreement. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You understand and agree that any content downloaded or otherwise obtained through the use of the website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or business interruption that results from the download of content. We will not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in or appearing on the website. No advice or information, whether oral or written, obtained by you from the website or through us, our employees, or third parties will create any warranty of any sort. You acknowledge, by your use of the website, that your use of the website is at your sole risk.
Under no circumstances and under no legal or equitable theory, whether in tort, contract, negligence, strict liability or otherwise, will we or any of our agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the website or for any breach of security associated with the transmission of sensitive information through the website or for any information obtained through the website, including, without limitation, damages for lost profits, loss of goodwill, loss or corruption of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of ours has been advised of or should have known of the possibility of such damages.
Our total cumulative liability for any and all claims in connection with the website will not exceed five U.S. dollars ($5.00). You agree and acknowledge that the foregoing limitations on liability are an essential basis of the bargain and that we would not provide the website absent such limitation.
The website is hosted in the United States. We make no claims that the content on the website is appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, any such unenforceable provision will be replaced with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach of this agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to these Terms and Conditions or your use of the website must be brought in the courts of New York, New York, exclusively under the laws of New York State, (without regard to conflict of laws’ provisions) and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the website must be commenced within one (1) year after the claim or cause of action arises. The waiver of a breach of any provision of these Terms and Conditions will not be construed as a waiver of any other or subsequent breach. These Terms and Conditions do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. We reserve all rights not expressly granted to you.
You may designate a person (called a legacy contact) to manage your account in the event of your death or incapacity. Only your legacy contact or a person who is legally authorized (e.g., by court order) will be able to seek access to your account.
LINKS TO OTHER MATERIALS
The website may contain links to sites owned or operated by independent third parties. While we may receive a small fee or commission from any purchases made through such third-party sites, these links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on those sites. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and we reserve the right to note its lack of affiliation, sponsorship, or endorsement on the website. If you decide to access any of the third party sites linked to by the website, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
NOTIFICATION OF POSSIBLE COPYRIGHT INFRINGEMENT
If you believe that any of the content on the website has been copied in a way that constitutes copyright infringement, please report this by contacting our designated copyright agent at: firstname.lastname@example.org .