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Terms of Use
RememberWell.net is a reference dedicated to promoting awareness of, and empowering; individuals, families and communities in the most honorable work of caring for the dead and the dying. We have developed and maintain a database regarding the history of death, dying, memorial customs, funerary practices plus practical regional resources. We have also developed and maintain a personalized online memorial space for the dead to be remembered.
Our Terms of Use may be updated without notice at any time and relates to all site content including but not limited to user profile information, databases, guest book posting, photos, graphics, forms and sponsors. We provide all internet users this information freely.
“RememberWell.net” assumes no responsibility for users’ ability to access RememberWell.net, or any liability for the failure to store or maintain any user communications or personal settings.
1. User Agreement
By visiting or using RememberWell.net, users are accept its Terms of Use, and are bound to it. It is a binding contract between user and RememberWell.net, and includes the following conditions:
a) RememberWell.net is intended for the bereaved and their family and friends, and accordingly leaves the responsibility to legal guardians to determine whether any section or part of a RememberWell.net commemoration is appropriate for minors.
b) RememberWell.net is intended solely for personal use, and any commercial use or re-publication of any aspect of RememberWell.net or its contents is strictly prohibited and will be removed without notice.
c) Any personal information provided by the registered user is accurate and complete, and updated when appropriate so that it remains accurate and complete.
d) RememberWell.net requires all users to behave respectfully to others in regard to (but not limited to) messages, displays, posts and images within or in connection with RememberWell.net.
e) In addition to this Terms of Use, when using a particular area of RememberWell.net, users are also bound by any posted guidelines and rules for that particular area.
2. Content
RememberWell.net provides its own services to users, and takes reasonable measures to protect and preserve the content submitted by users.
All content (including, but not limited to, writing) in or in relation to RememberWell.net is copyrighted property of RememberWell.net, and is protected as such.
All intellectual property rights (including trade marks and copyright) in and relating to RememberWell.net (with the sole exception of user contributions) are owned by RememberWell.net, or by RememberWell.net’s third party licensor(s), and may not be used for any purpose other than for reasonable, non-commercial use without the express written consent of RememberWell.net or the owner of the intellectual property rights (as applicable).
Users warrant that they own all material and intellectual properties they contribute anywhere in or in relation to RememberWell.net, and have the right to post such material and the right to grant RememberWell.net the license set out in this Terms of Use.
It is the user’s responsibility to obtain any and all consent regarding the posting of personal information of others, and to adhere to any applicable state and federal laws regarding such information.
Users grant RememberWell.net a non-exclusive perpetual worldwide royalty-free license in its absolute discretion to host, distribute, edit or remove any part of the material posted to or in relation to RememberWell.net.
Users are solely responsible for all content that they post to or in relation to RememberWell.net. RememberWell.net may, in its absolute discretion, remove any content that it believes to be (but not limited to) harmful, illegal, immoral, defamatory, intolerant, disrespectful, malicious, fraudulent, solicitous, discriminatory, or creates a risk to safety or health.
Users must not upload, post or otherwise transmit to or in relation to RememberWell.net any material that contains software viruses or any other computer code, files or programs that might interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or do any other act which causes or contributes to the same. Users accept sole responsibility to any repercussions to doing so, due to violation of this Terms of Use.
Activity or content which appears in RememberWell.net’s sole judgment to violate the law may be brought to the attention of the proper authorities.
3. Communications
RememberWell.net may send communications, such as (but not limited to) condolence cards, service announcements, administrative massages and newsletters. It is a condition of becoming and remaining a user that these communications are permitted.
RememberWell.net may use third party sponsors and sponsor networks to serve information to users on RememberWell.net’s behalf on RememberWell.net. These companies may use information regarding user visits to RememberWell.net as well as other websites.
RememberWell.net may provide marketing opportunities to its partners through direct communication with users via the website only. RememberWell.net will never sell, give or show register users email address to any third party for the purposes of commerce. RememberWell.net makes no representation or warranty concerning any goods or services offered or provided by any third party; users assume the responsibility of any recourse for dissatisfaction or problems with those goods or services.
4. Warranty, Liability and Indemnity
RememberWell.net is provided to users “as is” and without any warranty (whether express or implied) of (but not limited to) merchantability or fitness for a particular purpose contained therein. In particular: RememberWell.net shall not be liable in any manner whatsoever for any act, omission, occurrence, failure or event in, relating to, connected with, or concerning the healing or removal of bereavement. RememberWell.net makes no warranty that its services will be uninterrupted, timely, secure or error-free, or that RememberWell.net is free of viruses or other harmful components; nor does RememberWell.net make any warranty regarding any software, goods, services, special offers, or the delivery, quality, accuracy, timeliness, completeness, or reliability of any software, goods or services purchased, accessed or obtained through, or advertised through, RememberWell.net. No advice or information, whether oral or written, obtained from or in relation to RememberWell.net will create any warranty not expressly made herein.
RememberWell.net shall not be liable in contract or otherwise for direct, consequential, indirect, or punitive loss or damages, loss of business or business information, business interruption, loss of profits or anticipated savings, loss of contracts or loss of (or damage to) data, or for pure economic loss regardless of whether an such loss or damage would arise in the ordinary course of events, is reasonably foreseeable, or is otherwise in the contemplation of the parties.
RememberWell.net cannot be held liable for any content that is posted by users to or in relation to RememberWell.net.
In some jurisdictions, limitation or exclusion of liability is only permitted where such limitation is fair and/or reasonable. After considering all matters, users agree that the limitation of liability set out in this Terms of Use are fair and reasonable. Any statutory rights users may have under consumer protection legislation remain unaffected.
The sole and exclusive remedy for any users dissatisfied with RememberWell.net, its partners or this Terms of Use is the discontinuation of the use of RememberWell.net, its partners and its services. RememberWell.net will issue no refunds for condolence cards once they have been purchased and is not responsible for where the card is received (inbox or spam folder). We will re-issue the card upon request one time if provided with proof of purchase.
5. Registration
Upon account registration, users will submit accurate, complete and updated personal information.
Any Memorial Websites must not feature content or a web address that RememberWell.net, in its sole discretion, deems offensive or otherwise inappropriate.
Additional users invited and/or given access to a users account are responsibility of the primary user (the user who created the account/Memorial Website), and RememberWell.net is not liable for any acts or omissions of the guest.
Users must notify RememberWell.net immediately of any known or suspected unauthorized use(s) of or in relation to RememberWell.net, or any known or suspected breach of security (including but not limited to: loss, theft or unauthorized disclosure of personal information). Users are responsible for maintaining the confidentiality of their password, and must acknowledge and agree that under no circumstances can RememberWell.net be held liable for any acts or omissions by a registered or non-registered user.
6. General
All parties agree to refer disputes of any sort whatsoever arising from or in relation to the subject matter of this Terms of Use to arbitration in California, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Nothing in this clause shall prevent RememberWell.net from seeking injunctive relief.
This Terms of Use constitutes the whole of the legal contract between user and RememberWell.net, and supersedes any other communication, written or oral, with regard to the subject matter hereof.
In the event that any term of this agreement is held to be invalid or unenforceable by any arbitration or other binding decision, the remainder of this agreement shall remain valid and enforceable.
RememberWell.net reserves the right to assign this agreement, and to assign, license or subcontract any or all of our rights and/or obligations under this agreement. Users may not (without the written consent of RememberWell.net) assign, license or subcontract this agreement or any of their rights or obligations under it.
This Terms of Use is only available in English.
The failure of RememberWell.net to enforce any right or provision hereof shall not be deemed to be a waiver of any such right or provision.
No third party shall be a beneficiary of this contract created by the user’s acceptance of this Terms of Use.
If any portion of this agreement (or any change to this agreement which may occur without notice at any time) is unacceptable or will cause a user to no longer be in compliance with the agreement, the user may discontinue RememberWell.net’s services at anytime without expectation of a refund. Continued use of or in relation to RememberWell.net implies that the user has read, accepted and is bound by this Terms of Use.
To the extent applicable and appropriate, this Terms of Use shall survive termination.
If you have any questions or concerns, please contact us at 1.615.405.4452.
Last updated on March 3, 2009
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