The ForeverRemembering.com web site
is owned and operated by Michael Reynolds.
In this document the word ‘You’ refers to any and every user of Forever Remembering
and ForeverRemembering.com and the services it may provide, including any minor
that you may allow to use or gain access to the ForeverRemembering.com web site
or Forever Remembering services. By
using or viewing any Forever Remembering service or content you agree to be bound
by the Terms and Conditions described in this agreement.
Rules of Conduct
You must agree not
to use Forever Rememberings's products and services to:
A. Post, transmit,
or display anything that is illegal, threatening, harmful, abusive, harassing, invasive
of another's privacy, degrading, defamatory, vulgar, hateful, libelous, fraudulent,
obscene, pornographic or otherwise objectionable.
B. Post, transmit,
or display content which is protected by copyright or trademark or that does not
belong to you and that you do not have authorization of the owner of the copyright
or trademark to use.
C. Post, transmit,
upload, or display content which contains proprietary or confidential information
that you do not have a right to transmit.
D. Use the sites for
any illegal activity or provide material which promotes or teaches illegal activity.
E. Post or transmit
material which violates the privacy or rights of others.
F. Impersonate any
person or entity or falsely misrepresent your affiliation with any person or entity
or falsely claim an endorsement that you do not have.
G. Post, transmit or
make available unsolicited or unauthorized advertising, promotional materials, junk
mail, chain letters or any other form of solicitation.
H.
Reproduce, copy or sell any portion of ForeverRemembering.com or Forever
Remembering database contents.
I. Stalk or harass
others.
J. Systematically download contents
and data of the ForeverRemembing.com database to make or populate another database
for a commercial purpose.
Limitation of Liability
In no event will Forever Remembering
nor Michael Reynolds be liable for (i) any incidental, consequential, or indirect
damages (including, but not limited to, damages for loss of profits, business interruption,
loss of programs or information, and the like) arising out of the use of or inability
to use the site, any merchandise, information, service, or transactions provided
on the site, or downloaded from the site, or any delay of such information or service.
Even if Forever Remembering or its authorized representatives have been advised
of the possibility of such damages, or (ii) any claim attributable to errors, omissions,
or other inaccuracies in the site, any merchandise, information, service, transaction
and/or materials provided or downloaded through the site. Because some states do
not allow the exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply to you. In such states, Forever Remembering's
liability is limited to the greatest extent permitted by law. The aggregate liability
for the company to you for all claims arising from your use of the site is limited
to $100.
Indemnification
and Reservation of Rights
You agree to indemnify,
defend and hold harmless Forever Remembering, its officers, directors, employees,
agents, licensors, suppliers and any third party information providers to the Site
from and against all losses, expenses, damages and costs, including attorneys' fees,
resulting from any violation of this Agreement (including negligent or wrongful
conduct) by you or your use and access of the Site.
ForeverRemembering.com reserves
the right to release current or past member or Web site user information if ForeverRemembering.com
believes that a member's account is being used to commit unlawful acts, if the information
is subpoenaed and/or if ForeverRemembering.com deems it necessary and/or appropriate.
Governing Law
& Jurisdiction
The Agreement shall be governed
by the laws of Johnson County, Kansas in the United States of America. You agree
to the exclusive jurisdiction and venue of the Johnson County, Kansas by using this
web site and any services that Forever Remembering provides.
Any cause of action
or claim you may have with respect to the web site or services must be commenced
within one (1) year after the claim or cause of action arises or such claim or cause
of action is barred. Forever Remembering's or Michael Reynolds’ failure to insist
upon or enforce strict performance of any provision of this Agreement shall not
be construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision of this
Agreement. ForeverRemembering.com or Michael Reynolds may assign its rights and
duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted
herein are reserved.