OVERVIEW

This website is operated by Remembrance, Inc. Throughout the site, the terms “Remembrance,” “Remembrance,” “Us,” “Our,” and/or “We,” refers to Remembrance, Inc., and/or Remembrance, Inc.’s affiliated entities, representatives, agents, successors, and assigns. Remembrance, Inc. offers this website/application, including all information, tools and services available from this site to you, the user, (“You”, and/or the “User”), conditioned upon Your acceptance of all terms, conditions, policies and notices stated here.

The website located at remembranceplace.com (the “Site”), and the application titled Remembrance (the “App”), are  copyrighted works belonging to Us. For purposes of these terms of services, references to the term “Site” will also refer to the “App”.  In addition to use of the Services by engaging with Remembrance’s online augmented reality memorials, by visiting Our Site, App, domain or sub-domain, You engage in Our Services and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (“Terms of Service”, “Terms”). Accordingly, visiting the “Site”, “App”, and using the “Services” are sometimes used interchangeably throughout these Terms of Service. 

These Terms of Service apply to all users of the Site and the App, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If You are using the Site or Services on behalf of a company, entity, or organization, You represent and warrant that You are an authorized representative of such company, entity, or organization with the authority to bind it to this Agreement. By agreeing to these Terms of Service and/or by using the Site or App, You are agreeing and acknowledging that this Terms of Service is a binding agreement. Further, by Your agreement to these Terms of Service and/or use of the Site or App, You represent that You have read and understand all of the provisions contained in this Terms of Service, and that You will comply with these Terms of Service in all respects, at all times, while using the Site, App, and/or the Services. 

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. 

GENERAL CONDITIONS

All information contained on this Site and in connection with Our Services is for information or educational purposes ONLY and shall not be construed as Our endorsement of any content, advertisement, website, mobile application, social media channel, or third-party content service. Remembrance does not guarantee the reliability or accuracy of any opinion, advice, statement, or other information provided on the Site or in connection with Our Service.  

Remembrance is not responsible for any third-party relationship made by You, even if done through Your use of the Service. Remembrance cannot guarantee the accuracy, quality, or lawfulness of any third-party’s offerings, menus, or content, accessible through Our Site.

ACCOUNT CREATION

In order to use certain features of the Site and the Services You must register for an account with Remembrance (“Remembrance Account”) and provide certain information about Yourself. You represent and warrant that: (a) all required registration information You submit is truthful and accurate; (b) You will maintain the accuracy of such information at all times; (c) You are over the age of eighteen (18), and are otherwise capable of manifesting consent to a legally binding document; and (d) You are the lawful user of any account accessed and You hereby grant Remembrance access to any User Content uploaded from third-party sites. You may not create more than one Remembrance Account without Our written consent. 

You may delete Your Remembrance Account at any time, for any reason, by emailing support@remembranceplace.com which includes Your Remembrance Account Username and Your request to delete Your account.

Following the deletion of Your Remembrance Account, either by You or by Us, Remembrance will store the deleted User Content for a minimum time of one month on Remembrance’s servers before complete deletion. Any personal data stored or handled in connection with the storage of deleted User Content will be according to our Privacy Policy. You hereby acknowledge, accept and agree to such storage of User Content.

You are responsible for maintaining the confidentiality of Your Remembrance Account login information and are fully responsible for all activities that occur under Your Remembrance Account. You agree to immediately notify Remembrance of any unauthorized use, or suspected unauthorized use, of Your Remembrance Account or any other breach of security. Remembrance cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.

In connection with Your account creation, You have the option of granting Us access to Your account(s) with certain third-party social media and other services, such as Facebook, Instagram, Google Photos, Twitter, and others (each, an “SNS”). Provided an SNS permits this, We can capture and make available on the Site the photos and other content that You have stored in Your account(s) with such SNSs (“SNS Content”). By granting Us access to Your SNS Content, You understand that We will access, make available and store (if applicable) Your SNS Content so that it is available on the Site. We are not responsible for any SNS Content stored on an SNS that You choose to make available on the Site. Depending on the SNS You choose and subject to the privacy settings You have set in Your SNS account(s), personally identifiable information that You post to Your SNS account(s) will be available on the Site. 

We may also permit You to login to the Site or Service, or otherwise associate Your Remembrance Account with Your SNS account(s). If You log in or otherwise associate Your Remembrance Account with Your login credentials from a SNS, We may receive information about You from such SNS, in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the SNS. If You elect to share Your information with these SNS, We will share information with them in accordance with Your election. The SNS terms, as applicable, will apply to the information We disclose to them.

Please note that if an SNS account becomes unavailable or SNS terminates Our access to Your SNS account(s), any Content from that SNS may no longer be available on the Site. You have the ability to disable the connection between the Site and Your SNS account(s), at any time, by accessing the “Settings” section of the Site and Apps. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN SNS AND THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.

SITE AND APP

Subject to the terms of this Agreement, Remembrance grants You a non-transferable, non-exclusive license to use the Site, App, and Services for Your personal, noncommercial use. Subject to the terms of this Agreement, Remembrance grants You a non-transferable, non-exclusive license to install and use the App Remembrance makes available for Your mobile device, for Your personal, noncommercial use. 

RESTRICTIONS ON USE

The rights granted to You in this Agreement are subject to the following restrictions: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) You shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. 

Remembrance reserves the right to monitor Your use of the Site, App, and Services for purposes of ensuring compliance with these Terms of Service. Further, Remembrance reserves the right to modify, suspend, or discontinue the Site or Services with or without notice at any time. You understand and warrant that Remembrance will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site or Services. See the Term and Termination section below for more information regarding the rights of Remembrance to suspend or delete the accounts of any user who does not comply with the provisions of these Terms of Service.

OWNERSHIP OF INTELLECTUAL PROPERTY

Aside from User Content (defined below), You acknowledge that all the intellectual property rights in the Site and Services are owned by Remembrance or Remembrance’s licensors. Your use of the Site and Services does not transfer to You or any third party any right, title, or interest in or to such intellectual property rights. We reserve all intellectual property and copyright laws not expressly granted by this Agreement.  

USER CONTENT

“User Content” means any and all information and content that a user submits to, or uses with, the Site or Services, including but not limited to images, video, and audio. You represent and warrant that You own all rights to Your User Content or otherwise have (and will continue to have) all rights and permissions necessary to access, use, share, display, transfer and license Your User Content via the Services and in the manner set forth in this Agreement. You acknowledge and agree that Remembrance is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Remembrance does not assume and will have no liability for Your use or misuse of any User Content.

You agree not to use the Site, Services, or any of Remembrance’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive or otherwise objectionable material of any kind or nature; or (c) is in violation of any law, regulation, or obligations or restrictions imposed by any third-party.

You are solely responsible for Your User Content. You assume all risks associated with use of Your User Content. You hereby represent and warrant that Your User Content does not, and will not, violate the terms of this section or of the Acceptable Use Policy (defined below), including the rules against using any copyrighted or trademarked material in a memorial, for which You have not obtained the proper permissions. You may not state or imply that Your User Content is in any way provided, sponsored, or endorsed by Remembrance. You acknowledge and agree that Remembrance is not responsible for any User Content and We do not assume any liability or responsibility to You or any other person or user for misuse of any User Content. 

LICENSE

You hereby grant Remembrance an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Content, including for promotional purposes, and that You have the ability to grant the same. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content.

EMAIL AND PUSH NOTIFICATIONS

You agree that we may send You emails and/or push notifications concerning Our products and services, as well as those of third parties. You may opt-out of promotional emails by pressing “unsubscribe” in any of Our emails and following the instructions, or out of push notifications by changing the permission settings on your mobile device.

FEEDBACK

If You provide Remembrance any feedback or suggestions regarding the Site or Services (“Feedback”), You agree such Feedback will be non-confidential and non-proprietary. You agree to assign Remembrance all rights in the Feedback and agree that We may use the Feedback in any manner We deem appropriate. 

CUSTOM MEMORIALS

As part of our services, Remembrance may offer custom memorials (“Custom Memorials”), designed according to Your specifications and vision. Remembrance may offer two different types of Custom Memorials: (1) we will create a virtual memorial according to Your specific designs (“Have a Design”); or (2) we will work with You in order to design and build a memorial, based on Your ideas and wishes (“Create a Design”). The following terms will apply to the creation of all Custom Memorials: 

Design Process. We will work with you or someone appointed by you (such as a funeral director or family service counselor) to discuss your design preferences and determine the scope of the memorial.

Onboarding Memorial Questionnaire. To help us get to know what You are looking for in your Custom Memorial, we will ask You to complete a digital questionnaire.

Design Process Schedule. The following table is an estimated overview of the Custom Memorial design and creation process:

Phase*

Time

Actions

Deliverables

(1) Gather

Week 1

(1) Introductory meeting

(2) Family completes questionnaire

(3) Family send photos and videos

(1) Access to shared folder

(2) Summary of scope

(2) Design

Week 2

(1) Artist drafts design

(2) Family provides feedback

(1) Draft Design v1 (Figma)

(2) Draft Design v2

(3) Final Design

(3) Build

Week 3

(1) Artists turns Design into 3D Model

(2) Builder programs 3D model into Augmented Reality

(3) Family provides feedback

(1) 3D Model

(2) AR Memorial draft

(4) Debut

Week 4

Remembrance adds memorial to families account 

(1) Link to Completed AR Memorial

(2) Login to memorial portal

*Before proceeding from one phase to the next, we will discuss the design of the Custom Memorial with You, and will not proceed except with Your review and approval of the memorial (as thus far designed). A deliverable will be deemed approved and accepted if, within seven (7) days of its delivery to You, You do not reject the deliverable or request changes to it. Once a deliverable has been accepted, Remembrance will not be obligated to make any further changes to it or any preceding deliverables. 

Fees. The Fees for the Custom Memorials will be provided to you from time to time. 

Payment Terms. A deposit equal to fifty percent (50%) of the total design cost will be due to Remembrance before we will begin the design process. The remaining amount will be due and payable upon completion. If You fail to make any payments when due, Remembrance shall have the right to suspend the custom design services until such payments are made. 

Results and Refunds. You hereby acknowledge that, due to the nature of the Custom Memorials, Remembrance makes no guarantees as to the specific results of the design process, and any concerns You may have regarding the design of the Custom Memorial must be made at the appropriate times during the design process (as described above). Once Phase Two is complete, no further changes will be made to the design of the Custom Memorial, except at the sole discretion of Remembrance. Additionally, no refunds will be provided once the design process has begun.

FURTHER, THE CUSTOM MEMORIAL DESIGN SERVICES ARE PROVIDED “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, REMEMBRANCE MAKE NO WARRANTY THAT THE CUSTOM MEMORIAL SERVICES: (A) WILL MEET THE TECHNICAL REQUIREMENTS OF YOUR COMPUTER OR MOBILE DEVICE; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.

License to Use Custom Memorials. You hereby acknowledge that Remembrance shall retain full ownership of any Custom Memorials created by Remembrance on Your behalf. Remembrance hereby grants You a limited, revocable, and royalty-free license to use the Custom Memorials only for the purpose of displaying such Custom Memorial in accordance with all terms contained in this Terms of Service. Further, You shall not have the right to reproduce, copy, redistribute or relicense any Custom Memorials. The grant of this license is contingent on Your continued adherence to all terms contained in this Section and this Terms of Service, and You hereby acknowledge that Remembrance may revoke Your license to use a Custom Memorial if You shall fail to adhere to such terms. 

FEES AND PAYMENT PROCESSING

Orders. Users are responsible for the payment of all applicable fees for any orders placed on the Site for the Services in accordance with the fees, charges, and billing terms in effect at the time an order is placed. You must provide the applicable Payment Processor with a valid credit card or other accepted payment method (each provider of such a payment method, a “Payment Provider”). Your Payment Provider agreement governs Your use of the designated payment method, and You must refer to that agreement and not these Terms to determine Your rights and liabilities. By providing the applicable Payment Processor with Your payment method and associated payment information, You agree that such Payment Processor is authorized to charge Your payment method for all orders placed on the Site for the Services. 

Taxes. You are solely responsible for payment of all applicable taxes, levies, penalties, and other costs imposed by any taxing authority or government agency related to receipt or payment of amounts hereunder including any sales tax, indirect taxes such as valued added tax (VAT) or goods and services tax (GST), use tax, duties, and other taxes imposed by municipalities, states, or governments through regulation, ordinance, law, or judicial or regulatory interpretation (collectively “Taxes”) and any related penalties or interest to the relevant tax authority. Remembrance will not calculate, track, or pay Taxes or submit reports regarding Taxes on Your behalf. If any taxing authority demands that we pay such Taxes on Your behalf, You are immediately liable to us for such Taxes and will reimburse or pay Company for such Taxes upon demand.

Payment Processing. Company currently uses and reserves the right to continue using third party payment processors (each a “Payment Processor”). Your making of any electronic payment through any Payment Processor is also governed by the applicable Payment Processor’s terms of service. As a condition to using such payment services, (a) You agree to be bound by and comply with the applicable Payment Processor terms of service (each a “Processor Agreement”), and (b) You must provide accurate and complete payment information, and (c) You authorize us to share this information with the applicable Payment Processor and authorize Remembrance and the Payment Processors to share any information and payment instructions You provide to the extent required to complete the payment services. Please note that Remembrance is not a party to the Processor Agreements and that Remembrance has no obligations or liability to You under the Processor Agreements. All payment information is sent directly to and stored with the applicable Payment Processor using their security protocols. Remembrance does not store Your payment information on its systems other than in a tokenized format and shall not have any responsibility for the safety or security of that information. If your Processor Agreements or Your use of applicable Payment Processor’s services is terminated by the Payment Processor, You may not be able to use certain portions of the Services. We may change or add other Payment Processors at any time with or without notice to You, and Your use of payment services via such Payment Processors may be subject to additional terms or conditions.

ACCEPTABLE USE POLICY

The following sets forth Remembrance’s “Acceptable Use Policy”: 

You agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate Remembrance or another user to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; or (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.

Further, You agree to respect and abide by certain rules, regulations, and applicable laws at all times while making use of the Site or Services, including by: refraining from committing any otherwise illegal or inappropriate acts, including but not limited to, placing memorials on private property without the permission of the property owner, trespassing, using any photographs, names, likenesses, or other items of intellectual property for purposes of the Services for which You do not possess ownership, publicity rights, the right to reproduce, or the right to display, or have not obtained the permissions of the relevant party who does possess such intellectual property and publicity rights regarding any items of intellectual property, photographs, name, or likeness of an individual. 

We reserve the right (but have no obligation) to:

• review any User Content, to investigate, and/or take appropriate action.. 

• Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User content violates these Terms, including the Acceptable Use Policy, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or App, or could create liability for Remembrance. 

• Disclose your identity or other information about You to any third party who claims that material posted by you violates their rights, including intellectual or privacy rights. 

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site or App. 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site or App. YOU HEREBY WAIVE AND HOLD HARMLESS REMEMBRANCE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 

However, we cannot review all material before it is posted on the Site or App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmission, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

INDEMNITY

You agree to indemnify and hold Remembrance (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonably attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) Your use or misuse of the Site or Services, (ii) Your User Content, (iii) Your violation of this Agreement; or (iv) Your violation of any applicable laws or regulations, including violations of any applicable rules on trademark, copyright, and rights of publicity in the course of Your use of the Site or Services. Remembrance reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Remembrance. Remembrance will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

THIRD-PARTIES

Remembrance is not a party to any transaction that You may enter into with any third-party, even if such transaction results from Your use of the Site or Services. Remembrance shall have no liability, obligation or responsibility for any third-party transaction including without limitation any correspondence, purchase, transaction, or promotion between You and any such third-party. You agree that it is Your responsibility to take reasonable precautions with any third party.

The Site or Services might display, include, or make available third-party content or contain links to third party websites, services, and advertisements for third parties (collectively, “Third-Party Materials”). We are not liable for any harm or damages related Third-Party Materials. 

Third-Party Materials and links thereto are provided solely as a convenience to You and You agree that Your access and use is entirely at Your own risk. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

To provide the Services, Remembrance integrates and/or makes use of the following third-party platforms and services. By agreeing to these Terms of Service and by using this Site, you hereby acknowledge and understand that each of these third-parties have their own terms of service, privacy policies, and/or other legally-binding agreements that may be applicable to You. Further, by Your agreement to these Terms of Service and use of this Site, You represent that You have read, understood, and accepted the terms of service, privacy policies, and/or other legally-binding agreements located on these third-parties’ respective websites as they may apply to You or Your use of this Site, which are hereby incorporated by reference (links below). 

Name

Purpose

Website

Niantic (8th Wall)

Augmented reality systems

https://www.8thwall.com/terms

Stripe

Payment processing

https://stripe.com/privacy

SendGrid

Email notifications

https://www.twilio.com/en-us/legal/tos

Twilio

Text message two factor authentication

https://www.twilio.com/en-us/legal/tos

OTHER USERS

Each User is responsible for their own User Content. Because we do not control User Content and/or Third-Party Materials, You acknowledge and agree that we are not responsible for any User Content and/or Third-Party Materials, we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content and/or Third-Party Materials, and we assume no responsibility for any User Content and/or Third-Party Materials. 

You agree that Remembrance will not be responsible for any loss or damage incurred as the result of any Third-Party interactions. If there is a dispute between You and any other Site or Services user, we are under no obligation to become involved.

RELEASE

You hereby release and forever discharge Remembrance (and Our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish Your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Services users, Third-Party interactions, or Third-Party Materials.

DISCLAIMERS

THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, REMEMBRANCE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET THE TECHNICAL REQUIREMENTS OF YOUR COMPUTER OR MOBILE DEVICE; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REMEMBRANCE, INC., ITS REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, REMEMBRANCE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU’VE PAID REMEMBRANCE, INC. IN THE TWELVE-MONTH PERIOD PRECEDING ANY CLAIM TO DAMAGES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

ADDITIONALLY, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REMEMBRANCE, INC., ITS REPRESENTATIVES, AGENTS, SUCCESSORS, ND ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO ANY MISUSE OF THE SITE, SERVICES, OR APP, OR FROM ANY EMOTIONAL, PERSONAL, OR BODILY INJURY INCURRED DURING USE OF THE AUGMENTED REALITY SYSTEM, VIOLATIONS OF APPLICABLE LAWS RELATED TO TRESPASS AND OTHER PRESENCE ON PRIVATE PROPERTY, THE VIOLATION OF ANY APPLICABLE INTELLECTUAL PROPERTY REGULATIONS, OR THE VIOLATION OF THE PUBLICITY OR PRIVACY RIGHTS OF ANY INDIVIDUAL, WHETHER ALIVE OR DECEASED.

TERM AND TERMINATION

We may (a) suspend Your rights to use the Site and/or Services (including Your Remembrance Account) or (b) terminate this Agreement, at any time for any reason at Our sole discretion.

Upon termination of this Agreement, Your Remembrance Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of Your Remembrance Account involves deletion of Your User Content associated therewith from Our Site, Services, and live databases. Remembrance will not have any liability whatsoever to You for any termination of this Agreement, including for termination of Your Remembrance Account or deletion of Your User Content. 

ARBITRATION AGREEMENT 

You agree that all disputes between You and Remembrance arising out of, relating to or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. YOU AND REMEMBRANCE AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. If the arbitration in this Section is found to be unenforceable or to not apply to a given dispute, then the proceeding must be brought exclusively in the federal court in Portland, Oregon. You hereby accept the exclusive jurisdiction of such court for this purpose. This Agreement is governed by the laws of the State of Oregon without regard to conflict of law provisions. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. The Parties will share equally in the arbitrator’s fees. The prevailing party, in the opinion of the arbitrator, is entitled to its reasonable attorney fees accrued at all levels of arbitration and appeal.

PRE-ARBITRATION DISPUTE RESOLUTION

We believe most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@remembranceplace.com If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate, describing the nature of the dispute with particularity. 

SUPPORT

You acknowledge and agree that Remembrance will have no obligation to provide You with any support or maintenance in connection with the Site or Services.

AMENDING THESE TERMS

We may amend these Terms at any time in our sole discretion. The modifications will be effective immediately. You agree to review these Terms periodically so that You are aware of any modifications. Continued use of our Site or Services following notice of such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

COPYRIGHT TRADEMARK INFORMATION.

All trademarks, trade names, logos, copyrights, service marks, designs, and aesthetics, whether or not registered, are protected marks of Remembrance Inc. (collectively, the “Marks”). You acknowledge and agree that You are not permitted to use Remembrance’s Marks or any third-party marks displayed on our Site without prior written consent from, respectively, Remembrance, Inc., or the owners of such third-party marks.

You further acknowledge and agree that You are not permitted to use, display, or reproduce any third-party or Remembrance Marks in any memorial or in any other way related to the Services, without the written permission of the owners of such Marks. 

MISCELLANEOUS

This Agreement constitutes the entire agreement between You and Us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be valid and enforceable to the maximum extent permitted by law.  Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between You and Remembrance. This Agreement, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Remembrance’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

REMEMBRANCE INC. CONTACT INFORMATION

This Site and App is operated by Remembrance Inc. 2969

All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA and Copyright policy [LINK TO DMCA/COPYRIGHT POLICY] in the manner and by the means set out therein. 

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: support@remembranceplace.com.