These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website pages located at https://www.forevermemoriesqr.com (“Web”, “Service”) and our mobile application Forever Memories (“App”) owned and operated by Forever Memories QRC, LLC (“Company”, “Forever Memories”, “we”, “our”, “us”)!
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our website pages. Please read it here: https://www.forevermemoriesqr.com/privacy.
Forever Memories provides the Services through the Website and the App. By accessing the Services through the Website or the App, immediately and from your very first access to the Services, you unconditionally and irrevocably agree to be bound by these Terms and Conditions, all applicable laws and/or regulations and you agree that you are responsible for your compliance.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.
If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service. These Terms apply to all visitors, users and others who wish to access or use the Service.
Forever Memories reserves the right to change these Terms and Conditions. These changes are effective immediately upon posting. When changes come into effect, the revised Terms and Conditions shall supersede the previous version of the Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions.
Thank you for being responsible.
1) ABOUT FOREVER MEMORIES
a) Forever Memories offers customizable digital memorials, allowing users to compile photos, videos, and family stories into a personalized profile accessible via a QR code.
b) When visitors at the cemetery pass by the gravestone, they can scan the QR code using their mobile device and be directed to a dedicated memorial page showcasing pictures and videos of the person's life.
c) Our service provides various packages based on storage needs, creating lasting tributes for loved ones.
d) Each memorial includes unique QR codes, customizable keepsakes, and options for memorial plaques.
e) Users can manage the memorial page, while others can leave tributes. Pricing varies depending on the selected plan and storage capacity.
2) ELIGIBILITY
a) You confirm that you are at least 13 years old.
b) You commit to using the Website and Services in accordance with these Terms, as well as all relevant laws and regulations of your country of residence.
c) You ensure that your registration details are complete and accurate, and you agree to keep this information up to date.
d) Forever Memories reserves the right to terminate or suspend your access at any time, without prior notice, if you fail to comply with these criteria or breach any part of these Terms.
3) ACCOUNTS
a) By setting up an account with us, you confirm that you are at least 13 years old and that the information you provide is accurate, complete, and up-to-date at all times. Providing false, incomplete, or outdated information could lead to the immediate closure of your account.
b) It's your responsibility to keep your account details and password confidential. This includes limiting access to your devices and account.
c) You accept full responsibility for any actions taken under your account, whether the activities are conducted through our service or a third-party service. This holds true even if your password is involved.
d) If you suspect or become aware of any unauthorized use of your account or any other security breach, you must inform us immediately.
e) Your chosen username must not impersonate someone else, be legally protected under someone else's rights without their explicit permission, or infringe on trademarks. Ensure your username is not offensive, vulgar, or obscene in nature.
f) We retain the authority to refuse service, close accounts, modify or delete content, or cancel orders at our sole discretion.
4) REGISTRATION, LOGIN CREDENTIALS AND SECURITY
a) To access and use the Services, you must sign up on our Website or App, providing necessary details such as your full name, address, and contact information.
b) You commit to: (i) submitting accurate, current, and complete information about yourself during the sign-up process; and (ii) keeping your registration information up-to-date to maintain its accuracy and completeness.
c) Your Forever Memories account can be accessed through the Website or the App using the account credentials you set up during registration.
d) Should you submit any information that is false, inaccurate, not current, or incomplete, or if there are reasonable grounds to believe so, we reserve the right to suspend or terminate your account and deny access to the Services, either now or in the future.
e) During account registration, you will select a password and username for your account access.
f) You are fully responsible for:
i) Keeping your login details confidential and secure.
ii) All activities that occur under your account.
g) You must inform us immediately if you suspect any unauthorized use of your account or any other security breaches. While the Company is not liable for losses caused by any unauthorized use of your account, you could be held accountable for losses the Company suffers due to such unauthorized use.
h) You are not permitted to use someone else's account without the explicit permission of the account owner.
5) USE OF WEBSITE
a) You may not use the Website to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of any third party or violate the privacy or other personal rights of third parties; or (iii) that is defamatory, obscene, threatening, abusive or hateful.
b) When accessing the Website, you shall be prohibited from:
i) using any robot, spider, other automatic device or manual process to monitor or copy any part of the Website;
ii) using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website;
iii) taking any action that imposes an unreasonable or disproportionately large data load on the Website infrastructure;
iv) copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website without Forever Memories’s prior written consent;
v) reverse assembling, reverse engineering or otherwise attempting to discover any source code relating to the Website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
vi) attempting to access any area of the Website to which access is not authorized.
6) USE OF APP
a) You may access Forever Memories and the Services via our App.
b) In order to be able to use the App, you shall (i) download and install the App on a mobile device that is compatible with the App, as well as (ii) have an Internet connection.
c) You agree that you are solely responsible for meeting the aforementioned requirements, which may also (i) bear additional charges and fees, and/or (ii) require you to perform software updates and/or to comply with the terms and conditions of your agreement(s) with your mobile device and telecommunications provider.
7) ACCESS AND USE
a) You must only use the Website in accordance with these Terms and any applicable law.
b) You must not (or attempt to):
i) Interfere with or disrupt the Website or the server or networks that host the Site;
ii) Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
iii) Interfere with security-related or other features of the Website.
c) We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
d) You must not link to our Website or any part of our Website in a way that damages or takes advantage of our reputation, including but not limited to:
i) In a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
ii) In a way that is illegal or unfair.
8) COMMUNICATIONS
a) By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send.
b) You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing support@forevermemoriesqr.com.
9) PROHIBITED USES
a) You may not use the Website to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of any third party or violate the privacy or other personal rights of third parties; or (iii) that is defamatory, obscene, threatening, abusive or hateful.
b) When accessing the Website, you shall be prohibited from:
i) using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website;
ii) taking any action that imposes an unreasonable or disproportionately large data load (as exceeding the storage limit specified for the subscription package selected by the user) on the Website infrastructure;
(a) Each user is restricted to the maximum storage space allocated according to their chosen package:
(i) Free Package: Up to 10 photos and allowable embedded YouTube video.
(ii) Premium Package: 250 MB of storage.
(iii) Elite Package: 500 MB of storage.
iii) copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website without Forever Memories’s prior written consent;
iv) reverse assembling, reverse engineering, or otherwise attempting to discover any source code relating to the Website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
v) attempting to access any area of the Website to which access is not authorized.
c) You may use the Service only for lawful purposes and in accordance with the Terms. You agree not to use Service:
i) In any way that violates any applicable national or international law or regulation.
ii) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
iii) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
iv) To impersonate or attempt to impersonate Forever Memories, Forever Memories’s employee, another user, or any other person or entity.
v) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
vi) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Forever Memories or users of Service or expose them to liability.
d) Additionally, you agree not to:
i) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.
ii) Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
iii) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
iv) Use any device, software, or routine that interferes with the proper working of Service.
v) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
vi) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
vii) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
viii) Take any action that may damage or falsify Forever Memories rating.
ix) Otherwise attempt to interfere with the proper working of Service.
10) ACKNOWLEDGEMENT
a) By placing an order to create a memorial profile, you acknowledge that:
i) You are either a relative of the person for whom the memorial profile is being created (the deceased, in most cases), or
ii) You have obtained written permission from a relative of the deceased to create the memorial profile on their behalf.
b) This includes situations where an individual, before their passing, may choose to create their own memorial profile (such as to have control over the content or photos uploaded).
11) PURCHASES
a) When you decide to buy a product or service through our Service, we might ask for specific details related to your purchase. This can include your credit card number, its expiration date, your billing address, and shipping information, among other necessary details.
b) You confirm that: (i) you are authorized to use any payment method you choose for your purchase, and (ii) all information you provide us for the purchase is accurate and complete.
c) To process payments, we might use third-party services. By providing your payment information, you allow us to share this information with these third parties, in line with our Privacy Policy.
d) We may need to cancel or refuse your order for various reasons, which could include issues like product or service availability, mistakes in the pricing or description of products or services, or inaccuracies in your order, among others.
e) We also reserve the right to cancel or refuse your order if we suspect it involves fraud, unauthorized, or illegal activities.
12) SUBSCRIPTION
a) Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on an annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
b) At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Forever Memories cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting Forever Memories customer support team.
c) A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide Forever Memories with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Forever Memories to charge all Subscription fees incurred through your account to any such payment instruments.
d) Should automatic billing fail to occur for any reason, Forever Memories will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
e) Users are required to make a one-time purchase of a Quick Response Code (QRC) plaque, urn, or keepsake, which includes the ability to upload up to 10 pictures to the memorial page at no additional cost. This initial offering does not involve a subscription.
f) Users who require additional storage space beyond the 10 pictures included with their initial purchase may subscribe to one of our annual subscription plans. The subscription plans are billed on a yearly basis and provide the following storage options: Premium Package: Provides up to 250 MB of additional storage space for photos and videos and/or Elite Package: Provides up to 500 MB of additional storage space for photos and/or videos.
g) The minimum term for each subscription plan is one year. The subscription will automatically renew at the end of each annual period unless the user chooses to cancel the subscription before the renewal date.
h) Users may upgrade to a higher subscription package at any time by paying the prorated difference. Users can also cancel their subscription at any time, in which case access to the additional storage space will cease at the end of the current subscription term, and the memorial page will revert to the content allowed under the free plan (up to 10 photos).
13) FEE CHANGES
a) Forever Memories, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
b) Forever Memories will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
c) Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
14) NO USE BY MINORS
a) Service is intended only for access and use by individuals at least (13) years old.
b) By accessing or using any of Forever Memories, you warrant and represent that you are at least (13) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms.
c) If you are not at least (13) years old, you are prohibited from both the access and usage of the Service.
15) INTELLECTUAL PROPERTY
a) Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Forever Memories and its licensors.
b) Service is protected by patent, copyright, trademark, and other laws of the laws of the United States of America.
c) Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Forever Memories.
d) All code, text, software, scripts, graphics, files, photos, images, logos, and materials contained on this website, our applications, or within the services, are the sole property of Forever Memories.
e) Unauthorized use of any materials contained on this Website, our applications or within the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any third party's rights, please contact Forever Memories immediately at: support@forevermemoriesqr.com.
f) All content, trademarks, data, information or information contained in any materials, or documents used in relation to Forever Memories and the Services, including but not limited to any and all copyrighted works, software, databases, text, graphics, icons, designs, logos, graphics, hyperlinks, domain names, information and agreements (“Content”), are the exclusive property of or are licensed to Forever Memories. You may not reproduce, distribute or copy the Content by any means, whether electronically or not, without Forever Memories’s prior written permission.
g) Any and all intellectual property rights in the Content, Services and Forever Memories or otherwise developed by or on behalf of Forever Memories, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Content, Services and Forever Memories or otherwise developed by or on behalf of Forever Memories, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Intellectual Property”), vests in Forever Memories its licensors or suppliers, as the case may be, and all rights not expressly granted by Forever Memories to you are reserved by Forever Memories.
h) Save as expressly set out herein and in the Contracts, you shall not acquire any right, title or interest in Forever Memories’s Intellectual Property. You may not use Forever Memories’s Intellectual Property in a manner which may (i) place Forever Memories’s Intellectual Property at risk of losing value, and (ii) cause reputational damage to Forever Memories.
i) You may only use the Service as expressly permitted by these Terms. All rights not expressly granted to you are reserved by Forever Memories, its third-party providers, and other respective owners, if any.
j) Subject to these Terms, and your compliance with these Terms, Forever Memories hereby grants you a limited, personal, non-exclusive, non-sublicensable, and non-transferable license to use the Content and to use this Service, in each case solely for your personal use. You agree not to use the Service or any of the Content for any commercial purpose. Except for the foregoing license, you have no other rights to the Service or any Content, and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, create any index, reverse engineer, alter, enhance, provide access to or in any way exploit the Service or Content in any manner.
k) If you breach any of these Terms, the above license will terminate automatically.
16) PROHIBITED CONTENT
a) By uploading content to the website, you agree that it will be publicly viewable and must comply with the following guidelines. Forever Memories reserves the right to review and delete any photos or videos that violate our content policies, including but not limited to:
i) Lewd or nude content, such as sexually explicit images or videos, inappropriate gestures, or suggestive content.
ii) Content of minors, including any images or videos featuring children that you do not have lawful permission to publish.
iii) Content depicting violence, harassment, or any form of abuse.
iv) Content of others without their consent, including images or videos of individuals who have not given permission for their likeness to be shared publicly.
v) Hate speech or discriminatory content, which includes material that incites hatred or discrimination based on race, religion, gender, or other protected categories.
vi) Illegal or harmful content, such as the promotion of illegal activities or sharing of harmful materials.
b) If you encounter any content that violates these guidelines, please report it by emailing us at support@forevermemoriesqr.com. We will review the reported content and, if necessary, remove it promptly. Repeated violations may result in the suspension or deletion of the user’s account.
17) COPYRIGHT POLICY
a) We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
b) If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email at support@forevermemoriesqr.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
c) You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
18) DMCA NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
a) You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
iii) identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
iv) your address, telephone number, and email address;
v) 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;
vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
b) You can contact our Copyright Agent via email at support@forevermemoriesqr.com
19) ERROR REPORTING AND FEEDBACK
a) You may provide us with information and feedback regarding errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”) either directly at support@forevermemoriesqr.com or via third-party sites and tools. By providing Feedback, you acknowledge and agree that:
i) You will not retain, acquire, or assert any intellectual property rights or other rights, title, or interest in the Feedback;
ii) Forever Memories may already have ideas or developments similar to the Feedback;
iii) The Feedback does not contain confidential or proprietary information from you or any third party; and
iv) Forever Memories is not under any obligation of confidentiality with respect to the Feedback.
b) In the event that the transfer of ownership of the Feedback is not possible due to applicable mandatory laws, you grant Forever Memories and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use the Feedback in any manner and for any purpose, including copying, modifying, creating derivative works, publishing, distributing, and commercializing it.
20) LINKS TO OTHER WEBSITES
a) Our Service may contain links to third-party websites or services that are not owned or controlled by Forever Memories.
b) Forever Memories has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
c) You acknowledge and agree that Forever Memories 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 the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
d) We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.
21) DISCLAIMER OF WARRANTY
a) These services are provided by the company on an “as is” and “as available” basis. the company makes no representations or warranties of any kind, express or implied, as to the operation of its services, or the information, content, or materials included therein. you expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
b) Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.
c) The company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
d) The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
22) LIMITATION OF LIABILITY
a) To the extent permitted by applicable law, you agree to indemnify and hold harmless Forever Memories, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the products and/or services in violation of this agreement, or any breach by you of applicable laws or regulations. This indemnification obligation will include damages of any kind, including but not limited to indirect, incidental, consequential, special, or punitive damages, and costs associated with litigation or arbitration, trial, or appeal, if applicable.
b) Notwithstanding the above, nothing herein shall obligate you to indemnify Forever Memories for Forever Memories 's own negligence or willful misconduct. In the event of any liability on the part of Forever Memories, to the extent permitted by law, such liability shall be limited to the amount actually paid by you for the products and/or services provided under this agreement. Under no circumstances will Forever Memories be liable for any indirect, consequential, or punitive damages.
23) GOVERNING LAW
a) These Terms shall be governed and construed in accordance with the laws of the State of Virginia without regard to its conflict of law provisions.
b) Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
c) These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had with us regarding the Service.
d) Each party irrevocably agrees that the courts of the State of Virginia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
e) If a dispute requires resolution in court rather than through arbitration, the owner of Forever Memories shall have the sole discretion to select the court location for hearings and proceedings that is most convenient for them. All travel, lodging, and related expenses incurred by the other party in attending court proceedings will be at their own expense.
f) Notwithstanding the specified agreement on jurisdiction, you and Forever Memories shall, if any dispute arises, attempt to settle it by mutual negotiations.
g) You agree that for the purposes of the settlement of disputes between you and Forever Memories, an e-mail correspondence with the authorized persons of Forever Memories at: support@forevermemoriesqr.com shall be the effective and binding method of communication.
24) ARBITRATION
a) Any dispute, controversy, or claim arising out of, relating to, or in connection with this contract, including any question regarding its existence, validity, interpretation, breach, or termination, shall be resolved exclusively by arbitration administered by the American Arbitration Association (AAA) in accordance with its rules and procedures in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the Parties.
b) The arbitration shall be conducted in the State of Virginia, and in accordance with the substantive laws of the State of Virginia. The arbitration panel shall consist of three arbitrators, to be appointed in accordance with the rules of the chosen arbitration institution. The language of the arbitration shall be English.
c) The decision of the arbitrator(s) shall be final and binding upon the Parties, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The Parties agree that the arbitrators shall have the authority to award legal and equitable relief available under the law of the State of Virginia, including injunctive relief and specific performance.
d) Notwithstanding the foregoing, each Party retains the right to seek injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a Party's intellectual property rights.
e) The Parties further agree that they will participate in the arbitration proceedings in good faith and that they will share equally in its costs, except as otherwise awarded by the arbitrators.
f) This arbitration clause shall survive the termination or expiration of this contract.
25) CHANGES TO SERVICE
a) We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice.
b) We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.
c) From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
26) AMENDMENTS TO TERMS
a) We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
b) Your purchase of a product on our website means that you accept current terms and revised terms and agree to the changes.
c) You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
d) By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
e) If you do not agree to the new terms, you are no longer authorized to use the Service.
27) INDEMNITY
a) You agree to indemnify, defend and hold harmless us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims demands (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms or your breach of any law or the right of third party.
28) WAIVER AND SEVERABILITY
a) No waiver by Forever Memories of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Forever Memories to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
b) If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
29) ACKNOWLEDGEMENT
a) BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
30) CONTACT US
a) For more information about our Terms and Conditions, if you have questions, or if you would like to make a complaint, please send your feedback, comments, and requests for technical support:
i) By email: support@forevermemoriesqr.com
ii) By contacting us through our Contact Us page.