These Terms of Service (the “ToS”) are hereby effective on November 1, 2023, and will apply to Our Website that you (hereinafter, “User”, “You” or “Your”) are visiting, www.obituare.com (the “Website”), which is licensed by MMH Technology, Inc. (hereinafter, “MMH”, “Our”, “We” or “Us”, including all Affiliates now in existence or to come into existence in the future).

Privacy: Since it affects Your use of the Website, please review Our “Privacy Policy”, which can be found here and which is incorporated herein by this reference. By using the Website or purchasing products or services linked to from the Website, You agree that We may use and share Your personal information in accordance with the terms of Our Privacy Policy.

Your Account: You may be required to register on Our Website in order to access and use certain features or functionality. If You choose to register on Our Website for any reason, You agree to provide and maintain true, accurate, current and complete information about Yourself. You must register using Your true identity (and the true identity of any party upon whose behalf You are acting), including the use of true names, mailing addresses, email addresses and telephone numbers. You agree to keep registration information current and up-to-date.

If You are under thirteen (13) years of age, You are not authorized to create an account on Our Website. In addition, if You are under the age of majority in Your jurisdiction (typically eighteen (18) years of age), You may access Our Website, with or without registering, only with the approval of Your parent(s) or guardian(s). Certain aspects of Our Website may also require You to register with, and agree to the terms of, third-party service providers (e.g., “Payment Processors”), with whom We have entered into contracts, in order to be able to benefit from their products and services. If We or one of Our Payments Processors at any time discovers that the information You provided about Yourself or in connection with any product or service, including, but not limited to, any Fundraising Activity, Your access to Our Website may be immediately suspended and/or terminated and fines may be applied by relevant authorities, which will in all such cases be payable solely by You.

By using Our Website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your account and computer. You agree to accept responsibility for all activities that occur under Your account or password, or upon Your devices. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in Our sole discretion, and You agree that We may, in Our sole discretion, suspend or terminate Your account (or any part thereof) or Your access to Our Website, products and services or Fundraiser Activity, and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to You or to any third-party for any claims, damages, costs or losses resulting therefrom.

License and Site Access: We grant You a limited license to access and make personal use of Our Website and not to download (other than page caching) or modify Our Website, or any portion of it, except with Our express written consent. The limited license that We grant to You to use Our Website does not include any resale or commercial use of Our Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Our Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resale, or otherwise exploit for any commercial purpose any portion of Our Website without Our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information contained on Our Website, including, but not limited to, images, text, page layout, fonts or associated pages or forms, without Our express written consent. You may not use any meta tags or any other “hidden text” utilizing Our name, trademarks, service marks or any other content shown on Our Website without Our express written consent. You may not modify, attempt to modify, adapt, attempt to adapt, hack, or attempt to hack Our Website. Any unauthorized use of Our Website terminates any permission or license otherwise granted to You.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Our Website so long as the link does not portray Our Website, its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of Our logos or other proprietary graphics, trademarks, service marks or content as part of a link to any other web page without Our express written permission. You may not misrepresent Your relationship with Us or imply that either Our Website or MMH sponsor, endorse, or is affiliated with Your website or products. Except as stated above, You are not given any other right or license to: (i) the content of Our Website; or, (ii) any of Our owned or licensed intellectual property rights, whether associated with Our Website or otherwise. This limited linking right may be taken away from You at any time at Our sole unfettered discretion.

Content Licensing and User's Rights: You retain rights to any content You submit, post or display (the “User Content”) on or through Our Website. By submitting, posting or displaying User Content on or through Our Website, You grant Us a worldwide, non-exclusive, royalty-free license (with the right to sublicense for any purpose) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your User Content in any and all media or by the use of any distribution method (now known or later developed). You agree that this royalty-free license includes the right for Us to provide, promote, and improve Our Website and to make User Content submitted to or through Our Website available to other companies, organizations or individuals who partner with the Us for the syndication, broadcast, distribution or publication of User Content on other media and services, without limitation.

Any use of the User Content by Us or other companies, organizations or individuals who partner with Us, shall be made with no compensation paid to You with respect to the User Content that You submit, post, transmit or otherwise make available through Our Website, including, but not limited to, any “Public Content” or “Public Display of Information” as those terms are further defined below. We may modify or adapt Your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your User Content as We deem necessary, at Our sole discretion, to conform and adapt Your User Content to any requirements or limitations of any networks, devices, services or media with whom We are affiliated.

A. Public Content; Public Display of Information and Donations. Some of Your activity on Our Website is public, such as User Content You post publicly on Our Website (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials You upload or post to Our Website. Additionally, Your User profile information, including Your first and last name, public email address, organization, personal biography, and other information You enter in connection with Your User account may be displayed to other Users to facilitate User interaction throughout Our Website.

B. Other Information. Please be advised that User Content and other information, solicited or unsolicited, that You provide to Us may be publicly accessible, such as information You post in forums, comment sections or in response to surveys We may send out. We also collect information through customer support communications, Your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Other Information”). By sending us Other Information: (i) You agree that We are under no obligation of confidentiality, expressed or implied, with respect to the Other Information; (ii) You acknowledge that We may have something similar to the Other Information already under consideration or in development; (iii) You agree that We will be entitled to the unrestricted use and dissemination of the Other Information for any reason, commercial or otherwise, without acknowledgment or compensation to you; (iv) You represent and warrant that You have all rights necessary to submit the Other Information; (v) to the extent necessary, You hereby grant to Us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Other Information, and to sublicense the foregoing rights; and, (vi) You irrevocably waive, and cause to be waived, against Us and Our Users any claims and assertions of any moral rights contained in such Other Information. This Other Information section shall survive any termination of Your account or the Services.

You acknowledge and agree that We may preserve Other Information, as well as User Content, and may also disclose Your Other Information or User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Our U46sers, employees or the public.

You are responsible for Your use of Our Website, for any User Content You provide, and for any consequences thereof. You understand that Your User Content may be syndicated, broadcast, distributed, or published by Our affiliates and partners, and if You do not have the right to submit Your User Content for such use, it may subject You to civil monetary liability. We will not be responsible or liable for any use of Your User Content in accordance with these Terms of Service. You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein to any User Content that You submit to Our Website or to Us.

Illegal or Abusive Usage is Strictly Prohibited; Takedown Policy:You may not abuse, harass, threaten, impersonate or intimidate other users of Our Website. You may not use Our Website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. Specifically, You agree to follow all laws that apply to transmitting technical data exported from the United States or the country of Your residence. Should You be found to have engaged in illegal or abusive usage of Our Website, We may suspend Your account or usage as applicable. We reserve the right (but not the obligation) to remove, without notice and in Our sole discretion, any of Your User Content that We believe contains false, inaccurate, defaming, or abusive information. We may, but have no obligation to, remove User Content and accounts that We determine, in Our sole discretion, are unlawful, violate any party's intellectual property, or these Terms of Service. All of the aforementioned notwithstanding, Your User Content, Your use of Our Website and any account that You create on Our Website shall be subject to Our formal Takedown Policy, which can be found here, and which is incorporated herein by this reference.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted on Our Website, nor do We endorse any opinions expressed by You or other users of Our Website. You understand and acknowledge that by using Our Website, You may be exposed to User Content created by others that You may deem to be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, User Content that may have been mislabeled or is otherwise deceptive. Under no circumstances will We be liable to You in any way for any User Content, or the effect of User Content upon You, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind, whether direct, indirect or of a special nature, incurred by Your or others as a result of Your use of Our Website or of Your viewing of any User Content posted, emailed, transmitted or otherwise made available to You or others via Our Website or broadcast elsewhere.

You agree that You are solely responsible for Your interactions with any other User in connection with the Our Website and that We will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between You and any other User who accesses Our Website.

Website Transmission and User Data Usage:You understand and acknowledge that the technical processing, transmission, publishing and conveyance of Our Website and any functionality associated therewith, including Your User Content, may be transferred unencrypted and involve: (a) transmissions over various non-private networks; and, (b) changes to conform and adapt to technical requirements of connecting networks or devices.

We reserve the right, in Our sole discretion, to temporarily disable Your account if Your usage of Our Website significantly exceeds limits that We may establish for any performance metric that We choose to measure. In most cases, We may, but are not obligated to, contact You before taking any action relative to Your User Content or account.

Electronic Communication(s): The phrase “Electronic Communication(s)” as contemplated herein, may include, but is not limited to, Your accessing of Our Website, Your use of Our online chat system, Your sending/receiving emails to or from Us, or Your sending/receiving SMS/MMS text messages to or from Us. You consent to receive Electronic Communications from Us, irrespective of the manner or method of these communications. You understand, acknowledge and agree that all agreements, notices, disclosures and other communications that We provide to You electronically or otherwise, satisfy any legal requirement that such communications be in writing. You shall hold Us harmless in the event that You are damaged in any manner by relying upon any Electronic Communication method.

In addition, the phrase Electronic Communications encompasses Your ability to utilize any fixed or mobile device for the purpose of: (i) conveying an Electronic Communication; (ii) uploading User Content to Our Website; (iii) browsing Our Website; or, (iv) accessing any of the functionality on Our Website, including, but not limited to, through an application downloaded and installed on a mobile device (the “Mobile Services”). To the extent You access Our Website via Mobile Services, Your wireless service carrier's standard charges, data rates and other fees may apply, and You are solely responsible for any cost or expense associated therewith. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by Your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services to access Our Website or its functionality, You agree that We may communicate with You about matters related to Your account any form of Electronic Communication conveyed to Your mobile device, and that certain information about Your usage Electronic Communications, including Your usage of Mobile Services, may be communicated to Us and/or retained by Us.

Further, when accessing the functionality on Our Website , if You ever select an option to receive notifications via Electronic Communication, You are expressly authorizing Us to send You notifications about Your account. The frequency and format of Electronic Communications may vary, and while You can choose to opt out of any Electronic Communication that We may send to You, You cannot opt out of receiving Electronic Communications related to the security of Your account. We will comply with any additional requirements that may apply under local and federal laws and regulations before communicating with You via an Electronic Communication. In the event that You change or deactivate your mobile telephone number, You agree to promptly update Your account information to ensure that Electronic Communications intended for You are not sent to the party that acquires Your old number.

Subscriptions and Billing [if applicable]:

(1) Billing: By providing Us with a credit card or other payment method (hereinafter, all a “Payment Method”) for Your purchase of any product or service, You are expressly agreeing that We are authorized to charge You the appropriate fee that You have agreed to pay, along with any other fees associated with the product or service that You have purchased, as well as any and all applicable taxes associated therewith, by processing the charge against the Payment Method. If You want to use a different Payment Method than the one that You currently have on file with Us, or if there is a change in any information related to the Payment Method, you may edit the Payment Method information by contacting Us. If Your Payment Method is no longer active and You do not edit Your Payment Method information with Us, You authorize Us to continue billing that Payment Method, and You agree to remain liable for any amounts that are otherwise uncollected by Us pertaining to Your account.

As used in these Terms of Service, the use of the term “billing” shall indicate either a charge or debit, as applicable, against Your Payment Method. The cost of any product or service that You purchase from Us will be billed when the product or service is tendered to You or on Your behalf, or if applicable, upon the expiration of Your free trial period, if any, and may recur periodically thereafter without the need for a further grant of permission from You to process a charge against the Payment Method. We will automatically process charges against Your Payment Method on the anniversary date of each period that You have chosen for products or services that are recurring in nature (a “Subscription”). In the event Your subscription begins on February 29th of a leap year, Your Payment Method would next be billed on February 28th of the following year. In any event, the last day of Your Subscription before the processing of a new charge for the subsequent billing period is referred to as the “Renewal Date” and the period between Renewal Dates is referred to as the “Subscription Period.” You acknowledge that the amount billed on each Renewal Date may vary due to promotional offers, changes in Your Subscription, and changes in applicable taxes, and You authorize Us to charge Your Payment Method for the corresponding amounts. If We change Your Subscription fee or other charges for Your Subscription from time-to-time, We will give You advance notice of these changes to the extent possible (for instance, We may not be able to notify You of changes in any applicable taxes). All fees for products and services that You purchase from Us are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You alone shall be responsible for payment of all such taxes, levies, or duties, excluding any taxes that We owe on Our income.

If there are special circumstances where We determine that Our Website is unavailable for an extended period due to software updates or technical issues, We may, but shall not be obligated to, provide partial credits to You for periods of time that Our Website may not have been accessible to You. The amount and form of such credits, and the decision to provide these credits, are at Our sole and absolute discretion, and the provision of credits in one instance does not entitle You to credits in the future under similar or different circumstances.

(2) Free Trials: If We offer any product or service with a free trial, once that trial period is over, You will only be able to continue using the product or service by paying in advance. If You fail to pay for a product or service that You have otherwise agreed to purchase, Your account and User Content may be locked and inaccessible to You and to others until You tender payment for all amounts outstanding on Your account.

(3) Ongoing Subscription and Cancellation: Your Subscription will continue in effect for the entirety of a Subscription Period unless and until You cancel Your Subscription prior to a Renewal Date. If You cancel a Subscription, cancellation will be effective at the end of the current Subscription Period, this means that You will have continued access to Your Subscription for the remainder of that Subscription Period, but You will not receive a refund.

(4) Unpaid Amounts: In order to sustain Our Website, it is important that You honor Your payment obligations to which You have agreed. Accordingly, We reserve the right to pursue collection of any amounts that You fail to pay in connection with Your Subscription or in connection to Your purchase of any product or service. You will remain liable to Us for all unpaid amounts due on Your account, as well as for all costs We incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs. Your failure to make timely payments may cause the loss of features associated with Your account, including loss of Your User Content, and You agree to hold Us harmless for any such loss.

Modification to the Products or Service: We reserve the right at any time, at Our sole discretion, to modify or discontinue, temporarily or permanently, any part of Our Website, including Fundraising-related functionality, or any service or product associated therewith, with or without notice.

Fees associated with any of Our products and services, including, but not limited to, the fees associated with any Subscriptions or Fundraising Activity, are subject to change upon reasonable notice to You from Us. Such notice may be provided at any time pursuant to the express terms of these Terms of Service. We shall not be liable to You or to any third-party, for any modification, change, suspension or discontinuance of products, services and subscriptions, or the fees associated therewith.

Any new features or functionality that augment or enhance Our Website, Our products or services, including the release of new tools and resources, shall be subject to these Terms of Service. Your continued use of Our Website, products and services, after any such changes have been implemented, shall constitute Your consent to, and acceptance of, such changes.

Copyright, Trademarks, Service Marks or Trade Dress: All content included on Our Website, such as text, page headers, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, trade names, trademarks, service marks, scripts and software (collectively, the “Intellectual Property”, is Our Intellectual Property, or the Intellectual Property of third-parties who have granted Us the permission to use their Intellectual Property. All Intellectual Property is protected by United States and international copyright laws. The compilation of all content on Our Website is Our exclusive property of Obituare and protected by United States and international copyright laws.

Third-Party Websites: Our Website may contain links to third-party websites. We do not represent, guarantee, or endorse any website that You may access from Our Website. In addition, if You access a link to another website from Our Website, We do not make any representations, guarantees, or endorsements, implied or express, related to the linked-to website, or any company, product or service associated therewith. When You access a third-party website in any manner, the linked site and its content are not under Our control. We are not responsible for webcasting, cookies, tracking methodologies or any other form of transmission that You may receive from any sites that You link to from Our Website, and as such, You are solely responsible for protecting the integrity and privacy of Your computer system and data from viruses and other malicious intrusions that You may experience.

Applicable Law: By visiting Our Website, You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between You and Us.

Indemnification: By visiting Our Website, You agree to reimburse Us, and to hold harmless Our officers, employees, agents, partners and Affiliates for all losses, damages, and costs, including reasonable attorney's fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to Your use of Our Website, Your use of Our products and services, including the use of Our Website for Fundraising Activity, Your violation of these Terms of Service or Your violation of any rights of another. You agree that We have the right to conduct Our own defense of any claims at Our sole and unfettered discretion, and that You will indemnify Us for the costs of Our defense, including any other ancillary costs associated therewith, without limitation. If You are a California resident, You waive California Civil Code Section 1542, which states in part: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.” If You are a resident of another jurisdiction—in or outside of the United States—You waive any comparable statute or doctrine.

Disclaimer of Warranties and Limitation of Liability:

OUR WEBSITE AND ALL INFORMATION, CONTENT AND MATERIALS, INCLUDING ALL OF THE INTELLECTUAL PROPERTY, AS WELL AS ANY PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THD WEBSITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF TH WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, INCLUDING ALL OF THE INTELLECTUAL PROPERTY, AS WELL AS ANY PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR WEBSITE; INFORMATION, CONTENT, MATERIALS, INCLUDING ALL OF THE INTELLECTUAL PROPERTY, AS WELL AS ANY PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE; OR COMMUNICATION THAT YOU MAY CONDUCT ON OR IN CONNECTION WITH OUR WEBSITE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OUR WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, INCLUDING ALL OF THE INTELLECTUAL PROPERTY, AS WELL AS ANY PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TH WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

WE DO NOT WARRANT THAT: (i) OUR WEBSITE, PRODUCTS OR SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS; (ii) OUR WEBSITE, PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF OUR WEBSITE, PRODUCTS OR SERVICES WILL BE ACCURATE AND RELIABLE; (iv) THE QUALITY OF OUR WEBSITE, ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR WEBSITE WILL MEET YOUR EXPECTATIONS; AND, (v) ANY ERRORS OR DEFICIENCIES IN OR ON OUR WEBSITE, ANY PRODUCT OR SERVICE WILL BE CORRECTED.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO US, IF ANY, IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE GIVING RISE TO ANY CLAIM THAT YOU MAY ALLEGE AGAINST US.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE STATE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

OUR FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS OF SERVICE SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.

Arbitration of Disputes; Class Action Waiver:PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; EXCEPT AS OTHERWISE DESCRIBED HEREIN, BY USING OR ACCESSING OUR WEBSITE FOR ANY REASON YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OF ANY AND ALL KINDS. BY USING OR ACCESSING OUR WEBSITE FOR ANY REASON, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE LANGUAGE IN OUR TERMS & CONDITIONS (AS DEFINED BELOW).

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE TERMS & CONDITIONS, YOUR USE OF OUR WEBSITE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ACCEPTING OUR TERMS & CONDITIONS, AND BY ACCESSING ANY PORTION OF OUR WEBSITE, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Exceptions: Notwithstanding the foregoing, nothing in these Terms & Conditions will be deemed to waive, preclude, or otherwise limit the right of either of You or Us to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or, (iv) file suit in a court of law to address an intellectual property infringement claim.

The Process: Any arbitration between You and Us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by Our Terms & Conditions. The AAA Rules and filing forms are available online at www.adr.org.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Overnight Courier (signature required), or, only if the other party has not provided a current physical address, then by electronic mail (collectively, a “Notice of Arbitration”). All notices can come to us via email at legal@obituare.com , however, the notice is not effective until We confirm receipt thereof. The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and, (ii) set forth the specific relief sought (the “Demand”).

We agree to work with You and make a good faith effort to resolve the claim directly, but if We are not successful within sixty (60) days after the effective date that the Notice of Arbitration is received, either You or We may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either party must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards You an amount which exceeds the last written settlement amount offered by Us in settlement of the dispute prior to the award, We will pay to You the amount awarded by the arbitrator; or, (b) US$1,000.00, whichever amount is greater, in full satisfaction and accord of any claim that You may have had against Us.

Fees: Any arbitration hearing will take place at an agreed upon location in Dover, Delaware, but We may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a telephone hearing; or, (iii) by an in-person hearing as established by the AAA Rules in the county of Your billing address. If the arbitration finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper reason (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, You agree to reimburse Us for all monies previously disbursed by Us that are otherwise Your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.

No Class Actions: The parties agree that either party may each bring claims to the fullest extent legally-permissible against the other party, but You may only bring a claim in Your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.. Further, unless both You and We agree otherwise, the arbitrator may not consolidate more than one (1) party's claims and may not otherwise preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provision: If We make any future change to this arbitration provision, other than a change to Our address for Notice of Arbitration, You may reject the change by sending us written notice within thirty (30) days thereof, in which case Your account with Us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes You rejected, will survive as it pertains to any claim that You may bring against Us.

Enforceability: If any aspect of these arbitration provisions should be found to be unenforceable to the extent that the arbitration provisions are deemed incapable of resolving disputes between the parties, then the entirety of arbitration provisions will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue of any dispute between the parties shall be in United States District Court for the District of Delaware. The aforementioned notwithstanding, in the event that the arbitration provisions are determined to be null and void in accordance herewith, the limitations set forth in the No Class Actions section above shall survive and control to be controlling on the parties.

Confidentiality: The parties each agree to keep the arbitration proceedings, all information exchanged between parties, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, each party may each disclose these matters, in confidence, to its respective accountants, auditors, and insurance providers.

Entire Agreement:Together these Terms of Service, Our Privacy Policy and Our Takedown Policy and Our Fundraising Terms & Conditions (collectively, the “Terms & Conditions”) comprise the entire and exclusive agreement between You and Us regarding Our Website, products or services (excluding separate agreements that You may hold with Us for the purchase of a product or service that is explicitly in addition to, or in place of, these Terms of Service) or as it pertains to Fundraising Activity. These Terms of Service supersede and replace any prior terms of service between You and Us as it pertains to Our Website. No other person or entity will be a third-party beneficiary to these Terms of Service. We may revise these Terms of Service from time-to-time, at Our sole discretion. By continuing to access or use Our Website, or any products or services, after revisions to these Terms of Service become effective, You agree to be bound by the revised Terms of Service.

If You have any questions about these Terms of Service, please contact Obituare at support@obituare.com.