You authorize eCondolence.com to provide your information to a number of Service Providers, including, without limitation, funeral homes, bereavement centers, grief centers, delicatessens and bakeries (each, a “Service Provider” and collectively, the “Service Providers”), as decided by eCondolence. You understand that Service Providers may keep any form you submit or information you provide whether or not you choose to use them for your related service. eCondolence is not a Service Provider. eCondolence does not endorse or recommend the products of any particular Service Provider. The Service Provider is solely responsible for its services to you, and you agree that Shiva shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. Each Service Provider has represented to eCondolence that it maintains all legally required insurances, as applicable for its business type. Although eCondolence conducts a high level of due diligence before working with or referring any Service Provider, eCondolence makes no representations or guarantees whatsoever with respect to the insurance maintained by the Service Providers.
Description of eCondolence Services. Welcome to eCondolence.com. The services eCondolence provides on eCondolence.com include newsletters and emails with special offers and updates, content and applications offered from time to time by eCondolence in connection with eCondolence (collectively, the “eCondolence Services”). eCondolence is based in the United States and the eCondolence Services are hosted in the United States.
eCondolence.com makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. eCondolence.com provides no refunds for purchases you make on eCondolence.com. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, eCondolence will in no way be responsible or liable to you for any such breach.
eCondolence will not store any record of Personal Financial Information related to purchases or other transactions you make through the eCondolence Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
eCondolence Content. The eCondolence Services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of eCondolence (“eCondolence Content”). eCondolence Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and eCondolence, eCondolence owns and retains all rights in the eCondolence Content and the eCondolence Services. eCondolence hereby grants you a limited, revocable, nonsublicensable license to access and display the eCondolence Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing eCondolence.com and using the eCondolence Services. The eCondolence Services may also contain Content of users and other eCondolence licensors. Except as provided in this Agreement or as explicitly allowed on the eCondolence Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the eCondolence Services.
Intellectual Property Rights in the Site. You acknowledge that this site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Shiva or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You may not market or remarket, or assist any third party in marketing or remarking, the Content, the site or any Services without eCondolence’s prior written permission in each instance.
Links to Other Web Sites. This site may periodically provide links to third party websites (“Third-Party Sites”) as well as other websites operated by us (“Other Company Sites”). This Agreement governs only this site and not any Third Party Sites or Other Company Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third Party Site. If you decide to access linked Third-Party Sites or Other Company Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites or Other Company Sites to the administrator of the applicable Third-Party Site. We also prohibit the use of any links to the site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this site with any other website without our prior written permission.
Advertisements on this Site. eCondolence, in its sole discretion, may post the advertisements of third parties on the site. The display of advertisements on the site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by eCondolence. Your correspondence or any other dealings with advertisers found on this site are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this site.
Security and Editing of the Site. ACTUAL OR ATTEMPTED UNAUTHORIZED USE OF THE SITE MAY RESULT IN CRIMINAL AND/OR CIVIL PROSECUTION. ECONDOLENCE RESERVES THE RIGHT TO VIEW, MONITOR, AND RECORD ACTIVITY ON THE SITE WITHOUT NOTICE OR PERMISSION FROM YOU, ALONG WITH REMOVE AND SUSPEND ACCOUNTS FOR ANY REASON WHATSOEVER. ANY INFORMATION OBTAINED BY MONITORING, REVIEWING, OR RECORDING IS SUBJECT TO REVIEW BY LAW ENFORCEMENT ORGANIZATIONS IN CONNECTION WITH INVESTIGATION OR PROSECUTION OF POSSIBLE ILLEGAL ACTIVITY ON THE SITE. ECONDOLENCE WILL ALSO COMPLY WITH ALL COURT ORDERS AS WELL AS ALL LAW ENFORCEMENT AND REGULATORY INQUIRIES INVOLVING REQUESTS FOR SUCH INFORMATION.
Sharing Your Content and Information. When you publish content or information, that means that you are allowing everyone, including people off of eCondolence, to access and use that information, and to associate it with your loved one (i.e., your loved ones name, date of birth, etc.).
One of our priorities with Shiva and our affiliated sites is to provide our client’s with a platform to share, communicate, honor and commemorate your loved ones. We also wish to (1) avoid any problem with third party copyright, (2) ensure we can fulfill any promises we make by being around so that we can service your account for the foreseeable future, (3) generally ensure that the site keeps to its purpose of providing an online platform to honor and commemorate its customers loved ones and, of course, (4) prevent any potential abuses of our system.
Registration and Subscription Terms. You are not required to register as a Registered User to browse in public areas (“Public Areas”) of the site. In order to access Registered User-only portions of the site and/or use the Services, registration is required. During the registration process for this Site, you will select a unique sign-in name (“Username”) and a password (“Password”). Each Username and corresponding Password can only be used by one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name and Password, as well as for any use, misuse or communications entered through the site using such Sign-In Name and Password. You will promptly inform us of any need to deactivate a Password or Sign-In Name. We reserve the right to delete or change your Password or Username at any time and for any reason.
Registered Users will have the right to (i) create accounts on the site containing information relating to friends and family member(s) (each, a “Family Database”), (ii) provide Personal Data to the Family Database, (iii) use and modify Personal Data in the Family Database, and (iv) authorize certain third parties to provide, access, use and modify the Personal Data in the Family Database.
For Services offered by eCondolence on a subscription basis, each subscription will renew automatically for additional terms of equal length unless you notify us that you desire to terminate the subscription at least thirty (30) days prior to the expiration date of your then current subscription. If we do not receive a timely written notice of termination, then the Services shall renew for an additional term of equal length. All subscription charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. We reserve the right to modify or terminate subscription plans, change prices, or institute new charges for any of the Services at any time. In the event of any such modification or termination, eCondolence will use commercially reasonable efforts to notify Registered User(s) via the email address provided to eCondolence upon registration. You are responsible for providing a valid credit card number at the time you register as a Registered User. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription account at the prices then in effect, including any unauthorized charges incurred prior to your notifying eCondolence of such charges. You agree that eCondolence may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your subscription to the Services.
Termination. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the site and/or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of this site and/or the Services at any time without prior notice or liability. You may terminate this Agreement at any time upon the provision of written notice to us by email to [email protected], or via hard copy mail directed to: 1560 South Dixie Highway, Suite 208, Coral Gables, FL 33146. Your access to the site will be terminated within 3 business days of our receipt of your notice of termination.
Electronic Communications and Contracting. This site may contain additional agreements and disclosures in electronic form. By assenting to this Agreement, you agree that a printed version of this Agreement and other agreements entered into by you on the site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Miscellaneous. In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled limitation of liability, indemnification, miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release the Shiva Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement and any other agreements between the parties entered into through this site shall be governed by and construed in accordance with the laws of the State of Florida. Except for proceedings commenced by eCondolence to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of Florida. This Agreement contains the entire agreement of the parties concerning this site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by eCondolence.
Please direct any questions or comments regarding this Site, including any reports of non-functioning links, should sent to us via email at [email protected] or via U.S. mail to 1560 South Dixie Highway, Suite 208, Coral Gables, FL 33146. We endeavor to answer each email within 2 business days of receipt.
Protection of Other Individual’s Rights. eCondolence respects the rights of other individuals and requires that you do as well. To protect others we require that you: (1) not post content or take any action on Shiva that infringes or violates someone’s wishes, rights or otherwise violates the law. As such, we can remove any content or information you place on Shiva if we believe that it violates this statement.
With respect to our disclaimers, of course, we cannot and should not be responsible for misuse, abuse or misappropriation of our services, including, services of related sites, with regard to plaque creation and memory page management, along with possible false miscalculation and failed notices of annual reminders. Much of the information and settings are created by you and therefore it is up to you to confirm and decide how to initiate the reminder service and you agree to bear any and all risk and responsibility for such initiation.
Further, by becoming a Registered User with eCondolence or its affiliates, you agree to the following:
(1) Sorting, modifying, updating, editing and/or a periodic review of the contents of your submissions, communications and postings, in the exclusive effort to ensure accuracy and readability of information you submit and that the services are not being abused or used for any illegal or inappropriate purposes as defined under any applicable laws.
(2) You will not submit, use, paste, or upload, download, or cut-and-past copyright protected works for which you do not at least have a license to use such works, and you assume full responsibility for any copyright violations for your unauthorized use of such works.
(3) Ownership in your copyright*, to the extent it is under your control, or rights under a license, to the extent assignable, are hereby assigned to eCondolence and you agree that ownership in any works you create or submit to or publish on this site, licenses to use such works, or suggestions for improvement to the site or our services which you make to us in the future are automatically assigned to, or where not assignable, sublicensed to eCondolence.
(4) The decision not to publish or to remove your questions, comments, posts, in whole or part, even privately, is the sole discretion of Shiva, for which eCondolence need provide no explanations. If you attempt to post material which, in eCondolence’s view, violates the norms of common decency or are even marginally risqué, you now give eCondolence the right to edit your submission, refuse to publish such information, delete such information, or unpublish such information, and/or terminate your account and, to compensate Shiva for their efforts of ensuring appropriate content for other clients and visitors, you give eCondolence the right to retain any fees you’ve paid. If eCondolence deems content on your memory page or other information inappropriate for the site or sites on which you wish to publish or make your plaque or memory page available, but which is not otherwise indecent, you grant Shiva the right to modify the published sites you choose, publishing only on those which in Shiva’s sole judgment are appropriate for such content. The goal of this effort is to ensure that those who visit Shiva’s family of memorial web sites (e.g., dedicated to various faiths, general memorials and affiliate sites) will be pleased with the content they find and will not be offended by such content, a visitor to NationalMemorialWall.com finding content one would find appropriate to any website, a visitor to NationalJewishMemorialWall.com finding content appropriate to a Jewish website, and, likewise, a visitor to the National Memorial Wall finding things one would expect to find in a main stream, generically religious, theistic website which promotes honor and commemoration of a loved one. You agree that any of the public plaques and memory pages you create may be displayed or republished on appropriate affiliate sites.
Upon becoming a Registered User and continue to subscribe to the services as required, eCondolence grants you a royalty-free lifetime license during the subscription period to modify, delete or otherwise alter works which you have assigned to us and/or do assign to us in the future. If you wish to permanently remove your works from our site, you may request that copyright ownership in these works be re-transferred to you.
While we strive for accuracy, we cannot be responsible for any errors or omissions in service or in reminders, memory pages or communications. Although Shiva will attempt to take reasonable steps to ensure that your service orders are fulfilled in a timely manner, we cannot guarantee that such orders will in fact be carried out.
Disclaimer. You expressly understand and agree that: your use of and reliance upon any and all of eCondolence, services and/or content is at your sole risk and is made available on an “as is” and “as available basis. eCondolence makes no express or implied representations, warranties, or guarantees with regards to the appropriateness, accuracy, sufficiency, correctness, value, completeness, or timeliness of eCondolence services and/or content. eCondolence expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Children’s Privacy. We will never knowingly request personally identifiable information from anyone under the age of 13, to remain consistent with the Children’s Online Privacy Protection Act of 1998 (COPPA).