TERMS OF USE

OWNERSHIP OF SITE AND AGREEMENT TO TERMS OF USE

These Terms and Conditions of Use (the “Terms of Use”) apply to the memorates.com web site located at www.memorates.com, (the “Site”). The Site is the property of Creative One LLC. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY SO INDICATE BY NOT USING THE SITE.

Memorates.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Memorates.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to memorates.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without memorates.com’s express prior written consent.

Information contained in or made available through Memorates is not meant to replace or substitute for the services of trained professionals including, but not limited to, medicine, psychiatry, counseling,bereavement specialists, or clergy. Additionally this information is not intended to diagnose or treat health problems. Information on the Memorates website is designed to support, not replace, the relationship that exists between a site visitor and his/her physician, healthcare provider, therapist, counselor or clergy member.

Information is provided for educational purposes only which has been made available to aid in understanding the grief process and assessing whether or not professional services may be necessary. The resources on the Site are provided for our visitors on search for more information on grief, loss, bereavement, depression, suicide or a particular diseases.

USAGE OF THE SITE

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

Memorates.com reserves the right to bar any such activity.You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or Memoratess connected to the Site or to any memorates.com server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any Memorates connected to the Site, nor breach the security or authentication measures on the Site or any Memorates connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of memorates.com, including any memorates.com account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or memorates.com’s systems or Memoratess, or any systems or Memoratess connected to the Site or to memorates.com.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to memorates.com on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of memorates.com or others.

Additionally, you agree not to:

  • "Stalk" or otherwise harass anyone;
  • Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
  • Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Memorates or to proxy authentication credentials for any member of this Memorates for the purposes of automating logins to this Memorates;
  • Post any content containing child pornography to Memorates;
  • Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
  • Post any content that constitutes pornography, contains nudity, or is adult in nature.
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Memorates - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
  • Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Memorates' infrastructure;
  • Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Memorates;
  • Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this website.
  • Use this website in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • Use this website in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
  • Use this website in a manner that is harmful to minors in any way;
  • Use this website in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
  • Use this website to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this website without authorization;
  • Use this website to interfere or attempt to interfere with the proper working of this website or prevent others from using Memorates, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to Memorates, or that otherwise negatively affects other persons' ability to use Memorates;
  • Use this website to facilitate the unlawful distribution of copyrighted content;
  • Use this website in a manner that includes personal or identifying information about another person without that person's explicit consent;
  • Use this website in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Memorates or to users; and in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
  • You agree not to authorize or encourage any third party to use this website to facilitate any of the foregoing prohibited conduct. You also agree that these Memorates Terms of Service inure to the benefit of our service providers (including our website platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Memorates Terms of Service. Technology and hosting for aspects of this website are provided by this Memorates's online service provider. However, the Memorates Creator of this website controls the content, membership and policy of this website, including those pages served by such service provider on behalf of Memorates. Notwithstanding anything to the contrary, by participating on this website you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this website.

PURCHASES AND OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Memorates.com’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Memorates.com may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and memorates.com makes no commitment to update the materials on the Site with respect to such products and services.

ACCOUNTS, PASSWORDS AND SECURITY

Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify memorates.com immediately of any unauthorized use of your account or password, or any other breach of security.

However, you may be held liable for losses incurred by memorates.com or any other user of or visitor to the Site due to someone else using your memorates.com login, password or account.

You may not use anyone else’s memorates.com login, password or account at any time without the express permission and consent of the holder of that memorates.com login, password or account.

Memorates.com cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

PRIVACY

Memorates.com’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, account creation) is encrypted.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMORATES.COM AND THE THIRD PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

B) NEITHER MEMORATES.COM NOR THE THIRD PARTIES MAKE ANY WARRANTY (I) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (II) THAT THE SITE WILL BE ERROR-FREE OR BUG-FREE, (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SITE, AND (IV) THAT ANY ERRORS IN THE SITE WILL BE CORRECTED.

C) ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.

D) NONE OF THE SITE IS INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

E) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEMORATES.COM OR ANY THIRD PARTY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Memorates.com reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER MEMORATES.COM NOR THE THIRD PARTIES SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMORATES.COM OR THE THIRD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE INABILITY TO USE THE SITE TO ACCESS CONTENT OR DATA; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (V) ANY OTHER MATTER RELATING TO THE SITE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

EXCLUSIONS AND LIMITATIONS

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND MEMORATES.COM AND THE THIRD PARTIES' LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNITY

You agree to indemnify and hold memorates.com, its officers, directors, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against memorates.com by any third party due to or arising out of or in connection with your use of the Site.

VIOLATION OF THESE TERMS OF USE

Memorates.com may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) memorates.com’s rights or property, or the rights or property of visitors to or users of the Site, including memorates.com’s customers.

Memorates.com reserves the right at all times to disclose any information that memorates.com deems necessary to comply with any applicable law, regulation, legal process or governmental request.

Memorates.com also may disclose your information when memorates.com determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that memorates.com may preserve any transmittal or communication by you with memorates.com through the Site, email or any service offered on or through the Site, and may also disclose such data if required to do so by law or memorates.com determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of memorates.com, its employees, users of or visitors to the Site, and the public.

You agree that memorates.com may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to memorates.com, for which monetary damages would be inadequate, and you consent to memorates.com obtaining any injunctive or equitable relief that memorates.com deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies memorates.com may have at law or in equity.

You agree that memorates.com may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If memorates.com does take any legal action against you as a result of your violation of these Terms of Use, memorates.com will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to memorates.com. You agree that memorates.com will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

GOVERNING LAW AND DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Arizona without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Tucson County, Arizona, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between memorates.com and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

VOID WHERE PROHIBITED

Memorates.com and contractors administer and operates the www.memorates.com site from various locations throughout the United States. Although the Site is accessible worldwide, not all features or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Memorates.com reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area. Any offer for any feature or service made on the Site is void where prohibited.

If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

MISCELLANEOUS PROVISIOS

A) Entire Agreement. These Terms and Conditions constitute the entire agreement between you and memorates.com relating to the Site and govern your use of the Site, superseding any prior or contemporaneous agreements between you and memorates.com regarding the Site. Memorates.com will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.

Memorates.com’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by memorates.com of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between memorates.com and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

B) Waiver and Severability of Terms. The failure of memorates.com to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.

C) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

D) Headings. The section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.

FEEDBACK AND INFORMATION

Any feedback you provide at this site shall be deemed to be non-confidential. Memorates.com shall be free to use such information on an unrestricted basis. If you have any questions about the terms of use please contact support@memorates.com

The information contained in this website is subject to change without notice.

To contact us please email support@memorates.com or send a letter to:

Creative One LLC

PO BOX 559

Kuna, ID 83634

Updated by the memorates.com Legal Team on 2/15/2017.