1. ACCEPTANCE OF TERMS
America’s Online Memorials, L.L.C. (“AOM”) provides its services and the services of its website and URL at www.AmericasMemorials.com (the “Website”) to you as a registered and affiliated Funeral Service Director (“FSD”) subject to the following Terms of Service (“TOS”) for FSDs which may be updated or revised by AOM at anytime and from time to time without notice. You can view the most current version of this TOS for FSDs at any time at http://www.americasmemorials.com/terms-of-service-fsd. In addition when using AOM-operated or AOM-owned services, FSDs shall be subject to any and all additional posted guidelines or rules applicable to such services which may be posted and provided from time to time. All such guidelines or rules are hereby incorporated by reference into this TOS for FSDs and made a part hereof and thereof. AOM may also offer services that are governed by different TOS and related TOS agreements. For instance, a different TOS may apply to AOM services provided to users other than professionals in the funeral service industry and/or to those who do not qualify as FSDs.
2. DESCRIPTION OF SERVICES
AOM shall provide registered and affiliated FSDs and their clients with access to a collection of online resources including, but not limited to, online publishing and editing tools for Permanent Online Memorials (as later defined herein), various web communications, forums, search services, customized professional content, and branded programming services through its Website (hereinafter, the “Services”). Such Services may be updated and revised by AOM from time to time without prior notice.
For the purposes of this TOS, a Permanent Online Memorial (“POM”) shall be construed to be a continuously available web page or web pages (and associated biographical and other data files) which display(s) the life story and biographical information of a person being memorialized on AOM’s Website. AOM provides tools for creating and publishing POMs on its Website. Biographical information and data for POMs are provided by registered users who are most often (but are not required to be) family, friends, or designated representatives of the person to be posthumously memorialized, and/or local officials or local historians (in the case of historical figures). With the exception of those periods of regular, standard or emergency maintenance, update and repair of the Website when necessary, once a POM is paid for, accepted by, and established on the Website by an authorized registered user, that POM shall be continuously accessible to and/or editable by its authorized registered user and his or her specified designees and thereafter shall be continuously accessible and viewable as permitted by that authorized registered user to members of the general public on AOM’s Website, for as long as AOM and/or the Website shall remain in active operation and existence. In the event that AOM, or its rights, title and/or interests in or to the Website, is sold to, acquired by or merged with another provider or entity, AOM and its management will make every and all reasonable effort to see that any and all of its stored POMs and related data files will remain accessible to Website users and shall continue to be permanently published and displayed on demand at the Website or on a substitute or affiliated website on the World Wide Web. In the event that AOM or the Website can no longer remain in operation due to economic or any other circumstances beyond AOM’s control, AOM hereby makes no implied or expressed warranty or guarantee that the POMs and/or related data files stored, accessed, published, and/or displayed on its Website will be permanently viewable and/or accessible by POM purchasers or other prospective viewers, users, and/or interested parties.
As a registered and affiliated FSD, you understand and agree that the Services may include advertisements or similar commercial content and that these advertisements are necessary for AOM to provide the Services. You also understand and agree that the Services may include certain communications from AOM, such as service announcements, administrative messages, and the AOM Newsletter and that these communications are considered part of the Services and may or may not be optional for Website registrants and subscribers. Unless explicitly stated otherwise herein, any new features added by AOM that augment or enhance the current Services shall be subject to this TOS and related agreements. Registered and affiliated FSDs further understand and agree that the Services are provided “AS-IS” and that AOM assumes no responsibility for the timeliness, deletion, failure to deliver or store any user communications or customized settings. Registered and affiliated FSDs are responsible for obtaining access to the Services and that may involve or require additional third-party fees (such as Internet service provider or airtime charges, etc.). Registered and affiliated FSDs are responsible and liable for such fees including those fees associated with the display and/or delivery of any and all contracted-for advertisements. In addition, FSDs must provide and are responsible for all equipment and hardware necessary to access the Services.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Services as a registered and affiliated FSD, you hereby represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving or using such Services under the laws of the United States or any other applicable jurisdiction. In addition you represent and warrant that you are currently licensed and in good standing as a FSD by and with your applicable State Professional Board and/or any other applicable professional funeral services regulating authority within your jurisdiction, and you will remain licensed and in good standing while registered and affiliated with AOM as a FSD. You also agree to: (a) provide true, accurate, current, and complete information about yourself and your business as prompted by the Services’ registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current, or incomplete, or AOM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then AOM has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You hereby permit, authorize and consent to the gathering and investigation of all such information and Registration Data by AOM and its designee in order to verify and confirm such information and Registration Data, including, but not limited to, authorization of credit checks, criminal background checks, and related investigations as AOM deems necessary and appropriate, at AOM’s own cost and expense.
4. AOM PRIVACY POLICY
Registration Data and certain other information about you and your business are subject to our Privacy Policy. For more information, please see our full Privacy Policy at http://www.americasmemorials.com/privacy-policy. You understand that through your use of the Services you hereby consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by AOM and its affiliates.
5. REGISTRANTS ACCOUNT, PASSWORD AND SECURITY
As a registered and affiliated FSD, you will receive a password and account designation upon completing the Services’ registration process and providing the Registration Data. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities under and use of your password or account. You agree to (a) immediately notify AOM of any unauthorized use of your password or account or any other suspected or actual breach of security, and (b) insure that you exit and logout from your account at the end of each session of your use of the Services. AOM cannot (and will not) be liable for any loss or damage arising from your failure to comply with this Section 5.
6. REGISTRANT’S CONDUCT
As a registered and affiliated FSD you understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (whether written, electronic or otherwise) (the “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you and not AOM are entirely responsible for all Content that you upload, post, publish, email, transmit, or otherwise make available via the Services. AOM does not control the Content posted via the Services, and as such does not guarantee the accuracy, integrity, authenticity, origin or quality of such Content. You understand and acknowledge that by using the Services you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will AOM be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services.
As a registered and affiliated FSD, you hereby agree to not use the Services to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way
c. impersonate any person or entity, including but not limited to, an AOM official, forum leader, guide, or host or falsely state or otherwise misrepresent your affiliation or identity with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as “inside” information, proprietary and confidential information learned or disclosed as part of employment relationships under nondisclosure agreements, etc.);
f. upload, post email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs, designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other user’s ability to engage in real time exchanges;
j. Interfere with or disrupt the Services or servers or networks connected to or used as part of the Services;
k. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act, as amended;
l. “stalk” or otherwise harass another person or organization; and/or
m. Collect or store personal data about other users in connection with the prohibited conduct, actions and activities set forth in Paragraphs (a) through (l) above in this Section 6.
You acknowledge that AOM may or may not pre-screen the Content, but that AOM and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available through the Services. Without limiting the foregoing, AOM and its designees shall have the right to remove or delete any Content that violates this TOS or is otherwise objectionable in AOM’s sole and absolute discretion. You agree that you shall and must evaluate and bear and assume all risks associated with the use of any Content, including any reliance on the accuracy, completeness, authenticity, origin or usefulness of such Content. In this regard you acknowledge that you may not rely on any Content created by AOM or submitted to AOM, including without limitation information in any AOM Message Boards and in any or all other parts of the Services.
You acknowledge, consent, permit and agree that AOM may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of AOM and/or its personnel, its users, and the public.
You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks and electronic formats and platforms; and (b) changes to conform and adapt to technical requirements of connecting networks, platforms or devices.
You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that the use of these materials is subject to usage rules set by AOM and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded in the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on or in the Services, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF AOM’S BUSINESS AND COMMUNICATIONS ON WEBSITE
When you register with the Website, you acknowledge that in using its and AOM’s Services to send electronic communications, you will be causing communications to be sent through AOM’s computer networks, portions of which are or may be located in Pennsylvania, California, Texas, Virginia and other locations within the United States or abroad. As a result, and as a result of AOM’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in transmissions of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that the use of the Services results or may result in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet and the World Wide Web, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws, rules and treaties regarding the transmission of technical data exported from the United States or the country in which you reside or are located.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
AOM does not claim ownership of Content you submit or make available for inclusion on or as a part of the Services. However, with respect to Content that you submit or make available for inclusion on publicly accessible areas of the Services, you hereby permit and grant AOM the following worldwide, royalty-free and non-exclusive license with respect to the Content you submit or make available for inclusion on publicly accessible areas of the Services: The license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on or as a part of the Services and elsewhere for the purposes of providing and promoting the Services, as well as for the purposes for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on or as a part of the Service and will terminate at the time you remove or AOM removes such Content from the Services.
“Publicly accessible” areas of the Services are those areas of the Website that are intended by AOM to be available to the general public. By way of example only, publicly accessible areas of the Services would include POMs that are open to members, invitees and visitors. However, publicly accessible areas of the Services would not include services intended for private communication such as email, or areas off the AOM network or platform of properties, such as portions of the World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by AOM.
10. INDEMNITY
You hereby agree to indemnify, defend and hold AOM and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any and all claims, actions, suits, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, demands, liabilities of whatever kind or nature in law or equity, by statute or otherwise, whether now known or unknown, vested or contingent, including reasonable attorney’s fees and court costs, made by any third party due to or arising out of the Content you submit, post, email, transmit or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of this TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose(s) other than for promoting and providing professional funeral services and related services to your customers, clients and potential clients in your local professional service area, any portion of the Services (including your FSD registration affiliation and account), use of the Services, or access to the Services.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that AOM may establish general practices and limits concerning the storage and use of the Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Services, the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on AOM servers on your behalf, and the maximum number of times (and the maximum duration during which) you may access the Services in a given period of time. You agree that AOM has no responsibility or liability for deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that AOM reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that AOM reserves the right to modify these general practices and limits from time to time.
13. MODIFICATIONS TO SERVICES
AOM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that AOM shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
14. TERMINATION
You agree that AOM may, under certain circumstances and without prior notice, immediately terminate your FSD registration affiliation and account, any associated email address(es), and access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this TOS or any other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification of the Services (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity on your account; (g) engagements by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your FSD registration, affiliation, and account includes (a) removal of access to all offerings within the Services, including but not limited to AOM email, domains and alerts; (b) deletion of your password and all related information, files and Content associated with or inside your account (or any part thereof); and© barring of further use of the Services. Further, you agree that all terminations for cause shall be made in AOM’s sole and absolute discretion and that AOM shall not be liable to you or any third party for any terminations of your account, any associated email address(es), or access to the Services.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that AOM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of such advertisers.
16. LINKS
The Services may provide, or permitted third parties may provide, links to other World Wide Web sites or resources. You hereby acknowledge and agree that AOM is not responsible or liable for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such third-party sites or resources. You further acknowledge and agree that AOM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
17. AOM’S PROPRIETARY RIGHTS
You acknowledge that the Services and any necessary software or computer code used in connection with the Services (hereinafter, the “Software”) contain proprietary and confidential information that is protected by applicable intellectual property, copyright, trademark and patent laws and other related laws. You further acknowledge and agree that Content contained in any sponsor advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by AOM or the advertisers, you hereby agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
AOM grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided, however, that you do not (and do not allow any third parties to) copy, modify or create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, and not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by AOM for use in the Services.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AOM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. AOM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL BE UNINTERUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AOM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, AY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
19. LIMITATIONS OF LIABILITY
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT AOM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT 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 AOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR AS PART OF THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
b. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. AOM DOES NOT WARRANT THAT DEFECTS WOULD BE CORRECTED OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT AOM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT AOM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
20. EXCLUSION AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 17 AND 18 MAY NOT APPLY TO YOU.
21. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS and the agreements herein.
22. NOTICE
You hereby agree that AOM may provide you with notices, including those regarding changes to this TOS, by email, regular mail or a posting on or as part of the Services.
23. TRADEMARK INFORMATION
The AOM logo and any and all other AOM-associated logos and trademarks noted or displayed on the Website are the properties of AOM. You agree not to display or use these marks or logos in any unauthorized manner.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
AOM respects the intellectual property of others, and we ask you and all of our users to do the same. AOM may, in appropriate circumstances and at its sole discretion, disable and/or terminate your account or the accounts of users who are or may be infringing on AOM’s or another third-party’s copyright or other intellectual property rights. If you believe that your work has been compromised or used in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to AOM’s Copyright Agent:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Website;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
AOM’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
C/o Americas Online Memorials, L.L.C.
4509 West Ridge Road
Erie, PA 16506
By phone: (814) 836-9640
By fax: (814) 835-8243
By email
25. GENERAL INFORMATION
Entire agreement. This TOS constitutes the entire agreement between you and AOM and governs your use of the Services, suspending any prior agreements between you and AOM with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other AOM services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and AOM shall be governed by the laws of the Commonwealth of Pennsylvania without regard to any conflict of laws rules or principles that might refer the governance or construction to the laws of any other jurisdiction. Any action or proceeding against or by any of the parties hereto relating in any way to this TOS or to the subject matter hereof shall be brought and enforced exclusively in the United States District Court of the Western District of Pennsylvania, Erie Division, or if subject matter jurisdiction is lacking, in the Erie County Court of Common Pleas in Erie County, Pennsylvania, and the parties hereby consent to the exclusive jurisdiction of such courts in respect of any such action or proceeding.
Waiver and Severability of Terms. The failure of AOM to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS or any other related agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this TOS or such related agreement and shall not affect the validity and enforceability of any remaining provisions hereunder.
No Right of Survivorship and Non-Transferability. You agree that your AOM account is non-transferable and any rights to your FSD registration and affiliation or Contents within your account shall terminate upon your death (if you are an individual) or dissolution or termination (if you are a business entity). Upon receipt of a copy of a death certificate or certificate of dissolution (or related documentation), your account may be terminated and all Contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claims or cause of action arising out of or related to use of the Services or this TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Headings. The section titles in this TOS are for convenience only and have no legal contractual or binding effect.
26. VIOLATIONS
Please report any violations of this TOS to AOM's Customer Care group.